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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 4 July 2025
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Displaying 1311 contributions

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Social Justice and Social Security Committee

Cost of Living (Lone Parents)

Meeting date: 4 May 2023

Jeremy Balfour

I wondered whether anyone has engaged with the Scottish Government on the matter, but they have not.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

That is fine. Thank you for that helpful explanation.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

I am grateful for that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

For our benefit, will you explain why the commission decided to make the role of supervisor optional in chapter 6 of part 1 of the bill, when it is mandatory in many legal systems that permit private purpose trusts?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

I am speaking more generally.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

I wonder whether I can follow up that point by asking how a trust can get best financial benefit. If it is meeting other charitable needs, is that enough? Could the bill express that a bit more clearly? Does there need to be a slight clarification with regard to a trust—say, a charitable trust—always feeling that it has to get best value from its investments or property sales?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

That is helpful. I will go a wee bit further. As you may be aware, as well as this bill, the Charities (Regulation and Administration) (Scotland) Bill is going through the Scottish Parliament. If you are not aware of that, perhaps you could write to the committee on my next question.

How do you envisage that OSCR’s administrative power to appoint interim trustees to charitable trusts on its own initiative under section 8 of the Charities (Regulation and Administration) (Scotland) Bill will work with the court’s power to appoint trustees under chapter 1 of part 1 of the Trusts and Succession (Scotland) Bill? Is there an interaction simply on the face of the two bills, or will that cause contradictions?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

I will leave it there. Thank you.

10:45  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

One of the responses that the committee received was about the role of mediation. There is nothing in the bill about that. Did the commission consider a formal role for mediation? If so, what policy considerations led to the decision not to include in the bill a process whereby, rather than having to go to the Court of Session or a sheriff court, mediation could be used as a stepping stone?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

That is helpful. Thank you for your kind offer.

I move on to an issue that has been raised by one of the legal firms. It concerns section 19 of the bill, which is on nominees. The law firm thinks that the section might not go far enough. Specifically, it has said that doubt would remain as to whether trustees could use a nominee custody structure or sub-custodians. I am interested to get your view on the scope of section 19 and any potential risks that have been identified in relation to it.