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.
Displaying 2520 contributions
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Stuart McMillan
Thank you. Going back to the issue of moving domicile, would that be an issue with regard to this, in terms of the 25 years?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Stuart McMillan
Before we close, does anyone have any final points to highlight?
Delegated Powers and Law Reform Committee
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.
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Stuart McMillan
Under agenda item 4, we are considering an instrument that is subject to the negative procedure.
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Stuart McMillan
No bother.
Delegated Powers and Law Reform Committee
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
Meeting date: 9 May 2023
Stuart McMillan
Okay. Thank you.
Delegated Powers and Law Reform Committee
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
Meeting date: 9 May 2023
Stuart McMillan
Right. Thank you.
Delegated Powers and Law Reform Committee
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?