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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 15 September 2025
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Displaying 2246 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Okay. Thank you.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Minister, you will be aware that I have, in the past, raised the issue of section 104 orders. I raised it at a Conveners Group meeting and with the First Minister. We are well aware of the situation regarding the Moveable Transactions (Scotland) Bill and the Trusts and Succession (Scotland) Bill, which has its stage 1 debate on Thursday. Will you set out to the committee the current processes between the Scottish and UK Governments for obtaining and implementing a section 104 order?

10:30  

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

I have suggested in the past that some type of protocol could be put in place between the Scottish and UK Governments to assist with section 104 orders. Under the Moveable Transactions (Scotland) Act 2023, we now have up-to-date legislation, apart from one section, in respect of which practitioners are still using the old legislation on that area. The feedback from practitioners whom I have spoken to is that they speak highly of the 2023 act and are using it daily, which shows that the SLC’s work benefits the legal process in Scotland.

Have you had any dialogue with the UK Government on formulating a mechanism or process so that the time to obtain a section 104 order is a lot shorter than it is under the long drawn-out process that we have? Ultimately, this is about making better law that practitioners can utilise to the country’s benefit.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Thank you for that, minister. I call Jeremy Balfour.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

As members have no more questions, I thank the minister and his colleagues for coming to the committee this morning. The committee will have a further discussion later on, and if we have any more points to raise, we might write to you.

With that, I suspend the meeting to allow the minister and his team to leave.

10:49 Meeting suspended.  

10:53 On resuming—  

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Is that the instrument that Mr Walker was talking about earlier?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 September 2023

Stuart McMillan

Does the committee also wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that, in the preamble, the reference to paragraph 7(a) of schedule 2 to the 2013 act should be to paragraph 7(b), and in respect of incorrect references in regulations 18(2) and 24(1)(b)(i) and in paragraph 1(1) of the schedule?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 September 2023

Stuart McMillan

Does the committee wish to note that the Scottish Government proposes to correct the error in the preamble by correction slip and to address the other matters by way of an amending instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 September 2023

Stuart McMillan

Under agenda item 3, we are considering eight instruments. Issues have been raised on the following five instruments.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 19 September 2023

Stuart McMillan

Under agenda item 4, we are considering one instrument, on which no points have been raised.