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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 21 August 2025
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Displaying 401 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

Moving on, I want to ask the Charity Law Association about its concern that the bill as drafted pays “little regard” to the role of judicial factors in the charity sector. Are there specific changes that you would like to be made in the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

I will move on to sections 34 and 38 of the bill. Section 34 of the bill deals with the discharge of the judicial factor, and section 38 deals with the accountant’s investigation powers. The centre for Scots law made a comment on the interrelationship between those sections and whether it was laid out correctly in the bill. The commission came back and explained that section 38 could apply first, before section 34, but I am bit confused by that, because it did not quite explain how it would work the opposite way round—for example, if a factor was discharged and then something came to light. Could Alisdair MacPherson, or anybody else on the panel, shed light on the interrelationship between those sections?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

I have a question about the potential for a complaints procedure to be set out in the legislation. The issue was raised in our discussion with the first panel, so Morna Grandison has already given an answer. Some submissions said that, in the event that something were to go wrong, the first recourse should be to the Accountant of Court, which might be a good idea if a complaints procedure were available thereafter. Do you have thoughts on that?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 April 2024

Tim Eagle

I am content with them, but I am interested in the fees and how they have been set, and whether that could provide a barrier to export. Although that is not in the jurisdiction of the committee, could we write to the lead committee to highlight that as a potential concern, or is that not within our remit?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

Good morning. I have a question for the Law Society about the procedures for the appointment of judicial factors in cases of missing people. The Law Society’s submission to the committee sets out that it is disappointed that reforms are not being taken forward in that area, as it initially raised the issue in 2019, and that

“the current procedure is too cumbersome, prescriptive and restrictive.”

In his evidence last week, Mr Patrick Layden of the Scottish Law Commission proposed that improvements could be made through the way that the act is advertised, the guidance that is given to citizens advice bureaux and court procedure. Would the things that he suggested achieve the reforms that you seek?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

I have one question for Professor Morgan about charities. Are you content—and, indeed, are we as the committee content—that we have, through your submission and what you have said today, your wish list? Have you put to us everything that you would like to see for the charity sector in this bill, or do you want to write to us to detail exactly what you would like to see, based on some of your comments today?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

Would that be okay, convener?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

That is perfect. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

Are there any other comments on that? I see that there are not—I agree with you.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 26 March 2024

Tim Eagle

Thank you, convener, and apologies that I cannot be with you today—lambing is keeping me at home. The only interest that I probably should declare is that I run a small sheep farm, and I am a sole trader for that. I just bring that to the committee’s attention.