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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.  

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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 4 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: 9 May 2023

Stuart McMillan

Okay. Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Before we move on, I will clarify a point about the consultation. It was run by the Scottish Government, not the Scottish Parliament.

We have been speaking about section 6, but I will turn to section 7. A trustee does not get to participate in trust decisions under section 12 when they are incapable. Trustees can, under section 7, also remove a fellow trustee from a role on the basis that the trustee is “incapable”. The risk of those provisions being abused has been highlighted to the committee. Do you see merit in those concerns? If so, how can we safeguard against those risks?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Okay. Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

I thank our panel of witnesses for their helpful evidence. If the committee has any additional questions stemming from today’s session, we will follow that up in writing.

I briefly suspend the meeting to allow the witnesses to leave.

11:34 Meeting suspended.  

11:40 On resuming—  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Yes.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 9 May 2023

Stuart McMillan

Under agenda item 5, we are considering an instrument that is not subject to any parliamentary procedure.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 9 May 2023

Stuart McMillan

No points have been raised on the order. 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: 9 May 2023

Stuart McMillan

Could an aggrieved trustee raise a court action in those circumstances and, if so, what would be the legal basis for that court action?

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 9 May 2023

Stuart McMillan

No points have been raised on the regulations. Is the committee content with the instrument?

Members indicated agreement.

11:41 Meeting continued in private until 12:02.  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

We move on to section 61 of the bill, which is in regards to private trusts. Section 61 gives the power to the beneficiaries and others to apply to the court to alter the trust purposes of a family trust. It sets out the default position that that power cannot be used for 25 years.

Given that the views on the 25-year restriction have been mixed in the consultation, and that it is a default power only, are all the witnesses satisfied that it is the right policy decision to retain the 25-year restriction in the bill?