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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 21 August 2025
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Displaying 502 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

That is helpful. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

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

Judicial Factors (Scotland) Bill: Stage 1

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

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

That is why we were asking whether it should be in the bill that they have the—

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

For example, a factor who is put in place might also be thinking about the organisation’s reputation. It might be that, in strict financial terms, they could get a better return on investment by going with option 1, whereas option 2 might produce a lower short-term return but would be more consistent with the organisation’s values and wider public image. I guess that we were thinking about such a scenario in relation to trusts and succession.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

It certainly started to answer it. For clarity, where you have left provisions untouched in other legislation and have made only minor amendments to reference that legislation, was the commission broadly happy with how the provisions in other legislation operate at the moment? There would have been a chance to amend some of those provisions through the bill if there had been a policy reason for doing so.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

That is helpful; the drafting probably speaks to the policy intent.

I also want to ask about section 19, which covers the investment power of a judicial factor in respect of the estate. Following the approach in the Trusts and Succession (Scotland) Act 2024, should it be made clear in the bill that a judicial factor could choose environmental, social and governance investments, even if those might not lead to maximum income for the estate? This committee recommended that change in our report on the 2024 act, reflecting the changing thinking on environmental, social and governance issues.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

I am sorry; I meant to say section 17. I apologise that I had the wrong section.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

That is helpful—thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

Part 2 of the bill proposes various powers and duties for a judicial factor. In response to the committee’s call for views, the Faculty of Advocates said that it would be desirable to give the judicial factor the additional

“power to seek directions from the appointing court”,

which could be used, for example, in the event of a dispute or uncertainty about what steps the factor should take. Would the commission like to comment on that as a policy idea?

10:45