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 14 September 2025
Select which types of business to include


Select level of detail in results

Displaying 2246 contributions

|

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

Oliver, did you want to come back in?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

However, the beneficiary might not be in a position to make such an application.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Yes, you can do that now.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Before we move on to discuss succession, I note that, a couple of weeks ago, we had someone giving evidence who was a sole trustee. We know that, under charity law, when somebody is in that position, OSCR can step in to assist. Do you believe that the bill provides enough safeguards for a person who becomes a sole trustee to a trust? Something might happen to that individual. Clearly, we do not want that to happen but, in such a case, the trust could end up having no trustee.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Jeremy, just before you go on to your other question, I should add that one concern that the committee has heard quite clearly, certainly in the evidence that it has taken, is about the fact that language can change and the need to safeguard language and individuals. The need for future proofing has also been raised quite strongly by a variety of people who have given evidence. I have to be honest and say that I am sure that the committee will be urging the Government to look at the point with some haste.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 6 June 2023

Stuart McMillan

Under item 3, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 6 June 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

On 23 May, Madelaine Sproule of the Church of Scotland Trust and Joan Fraser, a trustee of various trusts, appeared before the committee. Madelaine Sproule said:

“the crossover between the legislation that affects charitable trusts and the legislation that affects charities and other trusts is not entirely clear. I think that that could be specified better in the bill.”—[Official Report, Delegated Powers and Law Reform Committee, 23 May 2023; c 28.]

In correspondence, the Scottish Law Commission expressed the view that section 70A of the Charities and Trustee Investment (Scotland) Act 2005, as amended by section 8 of the charities bill, if that bill is passed by Parliament, was a particular statutory power that would take priority over the general default power of the court in section 1 of the trusts bill. It went on to suggest that nowhere in the trusts bill is that explicitly stated.

To go back to Jeremy Balfour’s questions, it would be worth considering those points, and it would be good if you could write to the committee on them.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

I will open the questions, the first of which is on section 104 orders. We faced a similar situation with the Moveable Transactions (Scotland) Bill. Will you provide the committee with an update on how discussions are progressing between the Scottish and UK Governments on a possible section 104 order with regard to the application of the bill’s provisions to pension scheme trusts?