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Displaying 1548 contributions
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
I will pursue questions on section 7. I know that there are differences in what the three of you have said in your submissions, so please feel free to offer a critique to each other.
Section 7 sets out various grounds under which the majority of trustees can remove fellow trustees, as we discussed. Should those grounds be expanded or altered? It mentions “incapable” trustees, but should we add other grounds to the bill?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
I just want to follow this up slightly. In a previous life, I worked with a trust that was trying to buy property from another trust; however, the view of the other trust was that it always had to get best value—the highest price—because it was scared. Would the sort of clause that we have been talking about help in such situations—not only with investments but with selling off heritable property—by making it clear that it was not necessary to get the best price if the money was being passed to another charity? If not, would there be a way around that? I ask the question, because quite a number of trusts keep saying that they have to get best value almost as an excuse not to sell to another trust.
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
Do either of the other witnesses have a view on that change in law?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
Just to follow that up further—perhaps your colleagues could answer—would having a will be one way to exclude it? Could you write it directly into the will that you want to exclude legal rights, or does that go too far?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
If I may, I will pursue that further. Is your concern—had I been convicted in a foreign jurisdiction, for example—that that jurisdiction did not complete trials properly? I am just a wee bit confused. Presumably, if I were convicted in X country, that would be on public record in my country. You do not think that that is enough.
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
To play devil’s advocate for a moment, Professor Paisley, that is a very subjective test. Your morality might not be my morality. You are better at dealing with this than I am, but, in regard to drafting legislation, we need to have some kind of principle and clarity around that. We might or might not want to exclude that individual, but how would we make that decision in law?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
Is there agreement on that point?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
I direct my next question initially to Ms Evans. In your response to the committee’s consultation, you said that you did not think that the standard of care that is applicable to supervisors and protectors was clear in the bill. Can you expand slightly on that? Do the other witnesses agree with Ms Evans?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
I will move us on to chapter 6 of the bill, which makes clear that private purpose trusts are permitted in Scots law and sets out certain requirements as to how those trusts should be run. In policy terms, are the requirements in chapter 6 stringent enough to guard against the possible abuse of those trusts?
Delegated Powers and Law Reform Committee
Meeting date: 9 May 2023
Jeremy Balfour
Do you think that there should be a higher standard of care?