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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 5 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

I mentioned an individual who gave evidence to the committee. In the trust that they were involved in, there were two trustees, but that went down to one. That created a different dynamic in the discussion that we had in that evidence session.

I also note the points that Jeremy Balfour has raised. Those are legitimate issues of concern. We all want to ensure that the legislation is good and robust, that trusts will be managed appropriately and that beneficiaries will have access to required funds. Obviously, bills have to get paid, and if there ends up being only one trustee and they lose capacity, there is a concern about what will happen and who will pay the bills.

11:15  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Mhairi Maguire of Enable Trustee Service and Madelaine Sproule of the Church of Scotland Trust said that, although they did not work with family trusts, they thought that 25 years could be too long for certain groups of beneficiaries. Could the 25-year period be amended or could a further subsection be added setting out a timescale that was more relevant to different types of beneficiaries?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Under agenda item 2, we will take evidence on the Trusts and Succession (Scotland) Bill from Siobhian Brown, the Minister for Victims and Community Safety. Welcome, minister.

The minister is accompanied by four Scottish Government officials: Michael Paparakis, policy manager, private law unit; and Jamie Bowman, Jane Duncan and John Thomson, legal directorate. I welcome all of you to the committee and remind all attendees not to worry about turning on their microphones during the session, as they are controlled by broadcasting.

I invite?the minister to make some opening remarks.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

We move on to sections 25 and 26, which concern the trustees’ duties to provide information. Some concern has been expressed to the committee about the trustees’ duties to provide information to potential beneficiaries under those two sections. Specifically, the concern is that the exact scope of the duties is uncertain but they are potentially too onerous.

We heard from Gillespie Macandrew, which presented different information to the committee from what its written submission said. In the committee, the firm said that the current provisions were better than being too prescriptive. However, the Law Society considered that there were problems with the existing provisions. Alan Barr, on behalf of the Law Society, said quite a number of things about potential beneficiaries.

Having heard the views expressed by stakeholders, do you share any of their concerns about the current drafting? If so, how would the Scottish Government change sections 25 and 26 of the bill to address them?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Okay. Thank you, minister.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

It would be useful if, after the research has been published, the Scottish Government could keep the committee updated by writing to us with its views and thoughts.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 May 2023

Stuart McMillan

Does the committee also wish to highlight to the lead committee that the instrument commences section 93 of the Heat Networks (Scotland) Act 2021, which relates to a heat networks delivery plan, following correspondence between this committee and the Scottish Government on 23 March and 6 April 2023, which the committee drew to the attention of the lead committee at its meeting on 18 April 2023?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 May 2023

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 May 2023

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 May 2023

Stuart McMillan

Under item 3, we are considering two instruments, on which no points have been raised.