The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
I note again that Mercedes Villalba joins us online—she will join us shortly—and that we have received apologies from Oliver Mundell.
I remind the panellists not to worry about turning on microphones during the evidence session as those are controlled by broadcasting. If you would like to come in on a question, please raise your hand or indicate to the clerks. There is no need to answer every question—simply indicate when a question is not for you to respond to. However, please feel free to follow up in writing on any question after the meeting, if you wish.
I will open the questioning. On 2 May, the Scottish Law Commission said to the committee that it is very important that trust law reforms ultimately apply to pension trusts as well. The current plan is for that to have effect through a section 104 order that is agreed by the Scottish and United Kingdom Governments. Do you share the view that the bill should apply to pension trusts in whole or in part? What would the practical impact be for you if there was a gap between the legislation coming into force for most trusts and it then coming into force for pension trusts?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Fair enough. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Mercedes, did you want to come in on anything else?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Welcome to the 16th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent. Apologies have been received from Oliver Mundell MSP.
Agenda item 1 is a decision on taking business in private. Is the committee content to take items 6 and 7 in private?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Under item 3, we are considering one instrument subject to the negative procedure, on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Fair enough. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
I welcome our second panel of witnesses: Alan Barr, who is the convener of the trusts and succession law sub-committee of the Law Society of Scotland; Laura Dunlop KC, who is the convener of the law reform committee of the Faculty of Advocates; Sarah-Jane Macdonald, who is a committee member of STEP Scotland; and Ken Swinton, who is a council member of the Scottish Law Agents Society.
I ask Jeremy Balfour whether he has anything to declare.