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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 14 September 2025
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Displaying 2246 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

No bother.

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

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

Right. Thank you.

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

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?

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

Instruments subject to Affirmative Procedure

Meeting date: 9 May 2023

Stuart McMillan

An issue has been raised in relation to the draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2023, which amends existing legislation to grant immunities and privileges, insofar as they are within devolved competence, to certain persons working with the International Criminal Police Organization, Interpol.

The order states that the term “Member Country” has the meaning that it has in the constitution of Interpol. However, the term does not appear in Interpol’s constitution, although it appears in the agreement between the UK and Interpol, which is referred to in the order. When asked about that, the Scottish Government responded that the term “Member Country” has been used for consistency with the terms of the agreement and that the term has evolved into general use.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h) because the meaning of the term “Member Country” could be clearer?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Even if the 1921 legislation were to be still in use purely for this aspect, whether it is for six months or a year, as Jeremy Balfour touched on, and although it is a bit complicated, or “messy” and untidy, would that be impossible to do?