Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

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

Criathragan Hide all filters

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 4 May 2021
  6. Current session: 13 May 2021 to 8 February 2026
Select which types of business to include


Select level of detail in results

Displaying 1625 contributions

|

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

The trusters who set up public and charitable trusts almost invariably want the benefits to be provided immediately, so I do not think that that exclusion will create any practical difficulties. The Scottish Law Commission was impressed by the evidence of Dr Patrick Ford from the charity law research unit at the University of Dundee, who pointed out that there was a risk that a trust might direct long-term accumulations for the fulfilment of grand charitable purposes that would not materialise for many years, and that such accumulations could fall foul of the charity tests that are set out in sections 7 and 8 of the Charities and Trustee Investment (Scotland) Act 2005 and the definition of charitable purposes that is applicable for United Kingdom tax purposes and the Charities Act 2006. If there was no statutory limit to accumulation, OSCR would be left to consider every direction or power to accumulate on its own merits under the 2005 act charity test, and HM Revenue and Customs would have to do the same under UK tax legislation.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I am not convinced at the moment, but I am happy to take any recommendations that the committee would like to put forward.

10:30  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I will bring in Michael Paparakis to respond to that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I am willing to work with the committee on this issue. Under the Recognition of Trusts Act 1987, a truster may determine which law governs a trust that they set up. The proposed example power in the bill would make it clear that the truster may confer their power to determine the law that governs a trust on to a protector. That may be relevant when no applicable law has been chosen by the truster and would prevent the need to rely on the default statutory provisions that narrate how the law governing a trust is to be determined where there is no expense provision.

I have listened to the evidence on the issue, which appears to be causing the committee some concern, and I will work with the committee in the coming months try to reach agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

Currently, it is usual for trustees to be personally liable for litigation expenses in order that successful opponents have the right of relief against the trust estate. Section 65 clarifies that the starting point is that a trustee does not incur personal liability and will only do so when certain grounds exist, as set out in sections 65(2) and 65(3) and the court exercises its discretion to make an order for expenses against the trustee personally on one of those grounds.

Section 65 achieves what the Law Society seemed to be asking for by making the default position that trustees are not personally liable for expenses. There are some exceptions to that default position, but they are subject to the court’s discretion, which is widely drawn. That ensures that trustees of underfunded trusts who unnecessarily litigate are not given an unfair advantage in litigation proceedings.

My officials might want to add something further.

11:00  

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

Yes, because the compensation scheme relates to the restricted days. As the compensation regulation-making power is connected only to the restricted day of supply measure, which will be implemented in a future financial year—as you mentioned—it is not possible to advise when the compensation scheme for specialist fireworks will be launched.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

That is an operational matter for the police, so I do not want to comment on what would—

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

We are keen to get data as we progress, especially on injuries. I do not think that there were any injuries that we can report from Sunday, but we are keen to find out and get reports as we move forward, and we are watching the situation closely.

I will bring in officials on the communication that we have had with football stadiums regarding people coming in.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

I am unable to answer that question. I do not have that detail. I can find out. However, my understanding is that the articles would be removed and that the people would not be able to go into the football game and would be charged with being in possession.