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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 4 May 2021
  6. Current session: 13 May 2021 to 19 December 2025
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Displaying 1455 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Picking up on that final point, we raised that with the Scottish Law Commission when we took evidence a couple of weeks ago. Its representatives were slightly sceptical of that concept, but it might be worth looking at again.

I will move on to section 67 of the bill. The Faculty of Advocates and others have said that they think that the power in that section to give directions to the court needs to be much wider than the one that currently appears in the bill. Would the other witnesses like to comment on that assessment? I will then ask Laura Dunlop to defend that position at the end.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Excellent—we almost have consensus.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I want to follow up on Mr Lamb’s point about the comparative costs between a sheriff court and the Court of Session. We have taken evidence that there is not much difference between them. Is that your experience, too?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I do not think that that has been raised before, so that is helpful. We can pursue that.

Do others have a view on that issue?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

In that case, where would you see the expenses coming from?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

We will move on to sections 7 and 12 of the bill. Under section 12, a trustee does not get to participate in trust decisions when they are incapable, while under section 7, trustees can also remove a fellow trustee from their role on the basis that that trustee is incapable. Is the balance about right in that respect? Are you happy that the definitions are up to date enough? If we could do things differently, how would we?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Good morning to the panel. If I can come back to this specific bill, it looks like it takes about a year to do a section 104 if everything moves smoothly. Do you think that there is any way that we could amend the bill to avoid a section 104, which would then mean that it would all come into force at the same time, or is a section 104 inevitable because of the pension scheme aspect?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

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

Trusts and Succession (Scotland) Bill: Stage 1

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

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Do either of the other witnesses have a view on that change in law?