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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 4 May 2021
  6. Current session: 13 May 2021 to 8 February 2026
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Displaying 2464 contributions

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Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 30 April 2024

Stuart McMillan

Welcome to the 14th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch off or put to silent mobile phones and other electronic devices.

The first item of business is to decide whether to take items 6, 7, 8 and 10 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Will witnesses tell us, briefly and in general terms, what they think about the bill that is before us?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Does anyone else want to comment?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 30 April 2024

Stuart McMillan

Does the committee wish to welcome that the Scottish Government intends to rectify the error at the earliest opportunity, which is anticipated to be in the autumn of this year?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 30 April 2024

Stuart McMillan

The Scottish Government confirmed that the explanatory note is incorrect in suggesting that the instrument affords immunities and benefits only to officers who have British nationality. It advised that it intends to correct the text of the explanatory note.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the error in the explanatory note?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

In relation to the information gathering powers for the Accountant of Court in section 39, there is an exception to the requirement to comply. That is for United Kingdom Government ministers and departments and bodies exercising reserved functions, such as His Majesty’s Revenue and Customs. We have had evidence on that before. They can choose whether to comply.

It may be the case that a section 104 order is, ultimately, required to extend the full scope of the information gathering powers to UK Government ministers, departments and bodies, but we cannot yet be sure that that will happen. If that issue does not get addressed via a section 104 order, does what we have in the bill present any problems for the Accountant of Court? If so, how significant are those potential problems?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

That is helpful, thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

That is something that has come up in previous SLC bills. Committee members know about the section 104 order and have discussed and debated it a lot in recent years. The one challenge with the section 104 order is the length of time that it would take for the process and for it to be agreed. In one example, it was estimated that that would take about a year and a half. That was in relation to the Trusts and Succession (Scotland) Bill, which is now the Trusts and Succession (Scotland) Act 2024.

There could be a situation where some aspects are still operating under the old law and other aspects are operating under the law that we passed in December. Would that provide any complications for you if that type of situation were to play out?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Would it be fair to say that, if the legislation passes through the process, there will be a role for the Scottish Government to engage with associations that will have operations elsewhere in the UK as well as, potentially, their international counterparts?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

I have a final question on that subject. For talking’s sake, if multiple firms offered to assist in a situation akin to the one that you described, how would you decide which firm or firms should get the work? If two firms suggested that they could take the work on wills, what criteria would the Law Society use to decide whether to give the work to firm A or firm B?