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 548 contributions
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
We have talked a bit about the similarity of this legislation and the law around trusts. Section 17 covers the investment power of a judicial factor in respect of the estate. Following the approach in the Trusts and Succession (Scotland) Act 2024, do witnesses think that the bill should include the provision for a judicial factor to choose to invest in ethical, social or governance-tested investments, even if those might not lead to maximum income for the estate?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
The centre for Scots law at the University of Aberdeen, Professor Grier at Abertay University and R3 have all said that the fiduciary nature of the judicial factor’s duties needs to be spelled out explicitly in the legislation. The commission seems open to that to some extent, if it is stated as a general principle rather than a detailed treatment of the topic. What does the centre for Scots law think of the commission’s view? What do the rest of the panel think of the views expressed so far on this topic?
10:30Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
My next question also relates to section 12, which states that the information-gathering power is subject to existing data protection legislation. That means that, under section 12, a person can refuse to supply information if to do so would be a breach of the data protection legislation. The Law Society has suggested that that provision in the bill might make life more difficult for judicial factors. Do panel members agree? Is it helpful or unhelpful to judicial factors to emphasise that links exist between the bill and the data protection legislation? For the Law Society, is this not simply a restatement of the law as it stands?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
The point being made is pretty clear.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
That was helpful. There are provisions for appointing judicial factors in other legislation. The commission has looked at those, and it is broadly happy with them. Is that correct? Obviously, the bill would have been a chance to change those provisions.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
I think that it would probably be in section 19, but that would be up to drafting colleagues—and probably in section 17—
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
That is helpful. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
Would it be easy to set out in legislation what that meant, or would that be a difficult task?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
The committee can take that up with the faculty. We are likely to hear from it; we could send you further details and then you could comment.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
That is why we were asking whether it should be in the bill that they have the—