# What can I legally do in Scotland that is illegal in E&W (and vice versa)?

**URL:** <https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861>\
**Category:** Factual Questions\
**Created:** [December 10, 2014, 5:38pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861 "2014-12-10T17:38:55Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Mr\_Shine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr_shine/32/464_2.png) [@Mr\_Shine](https://boards.straightdope.com/u/Mr_Shine)\
**Post date:** [December 10, 2014, 5:38pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/1 "2014-12-10T17:38:55Z")

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So Scotland has its own legislation and legal system, although quite similar to the one used in England and Wales. I’m curious, what are the most significant acts I could freely commit north of the border that if I did it south could get me in trouble, or the other way round.

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**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\
**Post date:** [December 10, 2014, 5:56pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/2 "2014-12-10T17:56:45Z")

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Get married at age 16 and 17 in Scotland without parental consent is one.

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**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\
**Post date:** [December 10, 2014, 6:03pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/3 "2014-12-10T18:03:08Z")

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Another is that at 16 you can enter into a legal agreement (it’s 18 in E&W), although there’s an additional “would an adult have entered this contract” test involved if there is a dispute.

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**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\
**Post date:** [December 10, 2014, 6:09pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/4 "2014-12-10T18:09:25Z")

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The age of criminal responsibility is 8 in Scotland, 10 in the rest of the UK, so there’s certainly scope there for not getting in trouble.

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**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\
**Post date:** [December 10, 2014, 6:31pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/5 "2014-12-10T18:31:36Z")

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Quite possibly, hold a referendum on whether to leave the UK. (Legal in Scotland, illegal… ?)

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**Author:** ![MLS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MLS](https://boards.straightdope.com/u/MLS)\
**Post date:** [December 10, 2014, 6:54pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/6 "2014-12-10T18:54:11Z")

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I don’t know for sure if this is still true, but some decades ago it was forbidden to bring a minor into a pub in England but OK in Scotland.

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**Author:** ![EdwinAmi](https://avatars.discourse-cdn.com/v4/letter/e/5fc32e/32.png) [@EdwinAmi](https://boards.straightdope.com/u/EdwinAmi)\
**Post date:** [December 10, 2014, 6:56pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/7 "2014-12-10T18:56:20Z")

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I don’t know, but whatever it is, I’m sure it involves leeks

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**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\
**Post date:** [December 10, 2014, 8:26pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/8 "2014-12-10T20:26:40Z")

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I’ve seen minors in pubs in England–I brought my own into several. These places all served at least some kind of food though, which is more common in England than in the US–at the very least you can get crisps in almost every pub–so maybe that makes them exempt?

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [December 10, 2014, 8:33pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/9 "2014-12-10T20:33:24Z")

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> [@TSBG](#):
>
> I’ve seen minors in pubs in England–I brought my own into several. These places all served at least some kind of food though, which is more common in England than in the US–at the very least you can get crisps in almost every pub–so maybe that makes them exempt?

In the US, a lot of pubs _are_ restaurants and have both a traditional “bar” area and sit down restaurant tables. The menus tend to be pretty similar if not identical.

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**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\
**Post date:** [December 10, 2014, 8:50pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/10 "2014-12-10T20:50:18Z")

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Yes, I’m an American. I was in a “gastro-pub” in London where we had to sit at the bar for a meal due to lack of tables and my daughter was allowed to sit with us (she was just eating, not drinking, of course). I don’t think anyplace in the US allows that.

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**Author:** ![Mr.Kobayashi](https://avatars.discourse-cdn.com/v4/letter/m/4af34b/32.png) [@Mr.Kobayashi](https://boards.straightdope.com/u/Mr.Kobayashi)\
**Post date:** [December 10, 2014, 9:22pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/11 "2014-12-10T21:22:24Z")

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The drink drive limit’s just been [changed in Scotland](http://www.bbc.co.uk/news/uk-scotland-scotland-politics-29750001), in England & Wales it’s 80mg per 100ml of blood while Scotland’s lowered it to 50mg.

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**Author:** ![PaulParkhead](https://avatars.discourse-cdn.com/v4/letter/p/7ea924/32.png) [@PaulParkhead](https://boards.straightdope.com/u/PaulParkhead)\
**Post date:** [December 10, 2014, 9:51pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/12 "2014-12-10T21:51:23Z")

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> [@Derleth](#):
>
> Quite possibly, hold a referendum on whether to leave the UK. (Legal in Scotland, illegal… ?)

No-one in Scotland had the power to call the recent referendum - it was authorised by the UK parliament. I’m not aware of any reason why there couldn’t be a similar one in England or Wales if there was sufficient political pressure.

The right to wander around private land comes to mind - I think roaming rights are more extensive in Scotland.

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**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\
**Post date:** [December 10, 2014, 9:58pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/13 "2014-12-10T21:58:57Z")

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In England, there are restrictions on Sunday trading eg larger shops can only open for six hours. In comparison, Scotland has always been pretty much unregulated in this, although local custom does impose restrictions in places like the Western Isles.

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**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\
**Post date:** [December 10, 2014, 10:11pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/14 "2014-12-10T22:11:49Z")

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I’m no expert in the slightest, but I’ve heard that property law is considerably different between Scotland and England & Wales. I wonder if a lawyer can chime in?

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [December 10, 2014, 10:40pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/15 "2014-12-10T22:40:02Z")

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> [@Baron\_Greenback](#):
>
> In England, there are restrictions on Sunday trading eg larger shops can only open for six hours. In comparison, Scotland has always been pretty much unregulated in this, although local custom does impose restrictions in places like the Western Isles.

Are these “local customs” actually substantive local law, or are they enforced by social pressure and a burly looking guy in a kilt who visits your shop and comments on how unfortunate it would be if anything happened to it while open on Sunday?

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**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\
**Post date:** [December 10, 2014, 10:59pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/16 "2014-12-10T22:59:57Z")

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> [@robert\_columbia](#):
>
> Are these “local customs” actually substantive local law, or are they enforced by social pressure and a burly looking guy in a kilt who visits your shop and comments on how unfortunate it would be if anything happened to it while open on Sunday?

Social pressure, I think. It’s not as strict as it used to be though - there are flights and ferries on a Sunday now, and you can get a drink and a meal in Stornoway. The Outer Hebrides kinda dance to their own drum really. Obviously, actual drumming on a Sunday is frowned on. It’s an amazing part of the world, in a lot of ways. This wiki article is interesting:

> **[Religion in the Outer Hebrides](https://en.wikipedia.org/wiki/Religion_in_the_Outer_Hebrides)**
>
> The Outer Hebrides are a unique religious area in contemporary Scotland. The northern island (Lewis and Harris) is dominated by Calvinist 'free churches', and has been described as "the last bastion of Sabbath observance in the UK". It is also home to a unique form of Gaelic psalm singing known as precenting. The southern islands of South Uist and Barra are the last remnants of native pre-Reformation Scottish Catholicism. Barra was once dubbed "the island the Reformation did not reach".
> The Oute...

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [December 10, 2014, 11:05pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/17 "2014-12-10T23:05:46Z")

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My father once mentioned a vagrancy law in Scotland that anyone could camp on private land, and the landowner had to give them 24 hours to leave before they were trespassing. However, I recall in some previous thread that it was mentioned this had been changed a few decades ago.

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**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\
**Post date:** [December 10, 2014, 11:28pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/18 "2014-12-10T23:28:43Z")

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> [@Baron\_Greenback](#):
>
> I’m no expert in the slightest, but I’ve heard that property law is considerably different between Scotland and England & Wales. I wonder if a lawyer can chime in?

I am no expert but you are correct. One major difference is that in England, either party can back out with no penalty right up to the point of contract exchange. In Scotland, a substantial deposit is paid at the time of the offer and that may well be forfeit if the buyer subsequently drops out.

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**Author:** ![thelurkinghorror](https://avatars.discourse-cdn.com/v4/letter/t/7c8e57/32.png) [@thelurkinghorror](https://boards.straightdope.com/u/thelurkinghorror)\
**Post date:** [December 10, 2014, 11:34pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/19 "2014-12-10T23:34:20Z")

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> [@md2000](#):
>
> My father once mentioned a vagrancy law in Scotland that anyone could camp on private land, and the landowner had to give them 24 hours to leave before they were trespassing. However, I recall in some previous thread that it was mentioned this had been changed a few decades ago.

I don’t know the current status, but [a little on that](http://en.wikipedia.org/wiki/Freedom_to_roam#In_Britain). It does say “The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way Act 2000 (CRoW).”

This concept is really big in Scandinavia. I do wonder if Scotland was influenced more by this, but that might be a coincidence.

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**Author:** ![Henryunderborn](https://avatars.discourse-cdn.com/v4/letter/h/58f4c7/32.png) [@Henryunderborn](https://boards.straightdope.com/u/Henryunderborn)\
**Post date:** [December 10, 2014, 11:35pm UTC](https://boards.straightdope.com/t/what-can-i-legally-do-in-scotland-that-is-illegal-in-e-w-and-vice-versa/706861/20 "2014-12-10T23:35:30Z")

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In scotland when you pee, you bend over and lift up your kilts! in england and wales, you simply pour it out the spout!

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