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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 12 May 2025
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Displaying 1386 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I ask Michael Paparakis, who has worked on the bill during its history, to comment on that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I thank Mercedes Villalba for her question. The bill uses a familiar definition of “incapable” that is very similar, but not identical, to the one found in the 2000 act. The committee has, rightly, pointed out that significant and far-reaching changes have been recommended for mental health legislation.

I agree that it would be undesirable for the meaning of “incapable” in trust law to differ from the usual widely understood definition, and I see merit in making sure that the bill does not diverge from the general law on capacity and that it keeps pace with any changes in that area. As a result, I am willing to work with the committee and the SLC to explore how that can be done. I have also asked my officials to look at possible solutions, whether that be adopting the definition of “incapable” used in the adults with incapacity legislation by conferring a regulation-making power on Scottish ministers to alter the definition of “incapable” in this bill or by some other means.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

You have raised a really valid point. We will go away and consider it, and we will get back to the committee on that point.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

My understanding is that it will be sent to the SLC, but Michael Paparakis might have more to say on that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

You have raised some valid points and I am happy to take that into consideration.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I am happy to take that issue away and to look at providing more information to the committee on how we can raise more awareness around the different types of trusts.

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 9 May 2023

Siobhian Brown

Thank you, convener, and good morning, committee.

This suite of two regulations will expand the functions of the First-tier Tribunal for Scotland general regulatory chamber to include hearing appeals against decisions of a local authority to issue penalty charge notices in relation to the low-emission zone scheme, the workplace parking licensing scheme and the dropped-footway parking, double-parking and pavement-parking prohibitions. The regulations will also amend the chamber’s composition and procedure rules to include such appeals.

The Scottish tribunals structure was created by the Tribunals (Scotland) Act 2014, which introduced the new, simplified statutory framework for tribunals in Scotland. It consists of the First-tier Tribunal and the Upper Tribunal. The Transport (Scotland) Act 2019 provides legislation that enables the creation of low-emission zones, workplace parking schemes and the new parking prohibitions. The act allows for the civil enforcement of all of those by local authorities. The route of appeal against local authority penalty charge notices for each of those is the First-tier Tribunal.

The First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023 provide for the appeal functions that I have mentioned to be allocated to the First-tier Tribunal’s general regulatory chamber.

The First-tier Tribunal for Scotland General Regulatory Chamber and Upper Tribunal for Scotland (Composition and Rules of Procedure) (Miscellaneous Amendment) Regulations 2023 amend existing regulations that make provision in relation to the rules of procedure of the general regulatory chamber when it hears parking and bus lane appeals. Those rules of procedure will apply, with modifications, to appeals against decisions of the local authority to issue penalty charge notices relating to the new low-emission zone scheme, workplace parking schemes and the new parking prohibitions. The rules will now refer to “Transport Appeals”, to include all new and existing appeals.

The regulations also amend the existing composition regulations for the general regulatory chamber in hearing parking and bus lane appeals. That provides for the new appeals to be heard by a legal member alone in the First-tier Tribunal, as is the case with the parking and bus lane appeals. The Scottish tribunals will be able to hear such appeals as of 1 June 2023.

The two instruments play a part in enabling the general regulatory chamber to hear such new appeals. I understand that the Delegated Powers and Law Reform Committee considered the regulations on 28 March and that no points were raised.

I will be happy to answer any questions, convener.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

If I may, convener, I will update the committee regarding the proxy purchase offence and the emergency worker aggravation. When the committee received the letter on that, you wanted to know whether there had been any arrests in that regard, so I had an update on the matter this morning.

Following the disorder involving fireworks that was witnessed on Halloween and bonfire night last year, my officials have regularly liaised with Police Scotland regarding offences and charges. As of this morning, there had been two charges. We do not know the exact detail, and I cannot get into that at the moment but, if we find out more, I will be happy to share that with the committee.

Police Scotland has advised that, at this stage, investigations by Police Scotland and the Crown Office and Procurator Fiscal Service are continuing and that information relating to the specific cases is not yet available in the public domain. I reassure the committee that I consider gathering data in relation to the proxy purchase offence and the emergency worker aggravation to be a priority to understand how those provisions are being used along with other firework-related charges in response to the misuse of fireworks. My officials will continue to liaise with Police Scotland and we will continue to monitor the situation. I am always happy to keep the committee updated on progress.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

I will bring in Mary Hockenhull in a moment. The estimated costs for implementing measures in the act have not changed and remain as detailed in the original financial memorandum, which estimated ranges for cost savings and changes in revenue. The estimates were based on the information, evidence and data that were available on fireworks and pyrotechnic articles, which came mainly from the two large-scale public consultations, the work of the independent fireworks review group and the Scottish Government working group on pyrotechnic use. In addition, the Scottish Government met and engaged with stakeholders to request and examine the information, data and estimates.

I will bring in Mary Hockenhull but, as I said in my opening statement, we are now in a very different place, financially, from where we were even a year or two ago, when the legislation was introduced. It is not to do with the cost of bringing it in. It has been delayed due to our finances, given our fixed budget.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

I was not aware that that was currently in the SPICe information, but I am happy to speak to officials and have that information updated as soon as possible.