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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 5 November 2025
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Displaying 2323 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

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?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Thank you. I am sorry, Jeremy.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

If the Government will not consider carrying out a media campaign, will it consider writing to each trust after the legislation is passed, to make them aware that new legislation is in place, and to provide helpful links in any correspondence so that trustees can then look at those themselves?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Jeremy Balfour has a question about that.