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 1548 contributions
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
Okay—I will move on.
The Scottish Law Commission told us in evidence that an aggrieved trustee who wanted to challenge a decision on their capacity could use common law to go to court. You have already mentioned that, but do you think that that sort of thing should be explicit in the bill instead of just being left to common law?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
In that case, minister, what advice would you give to the lady who came to the committee on 23 May and said, “I don’t know where my trust fits in”? What does she—and other laypeople who are trustees—do if there is no legal definition?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
One of the key themes of the written responses to the committee’s call for views—and it was also mentioned by some of the witnesses who appeared before the committee—was the importance of the legislation being as accessible as possible to trustees and beneficiaries without legal backgrounds. Most people who do the job do so on a voluntary basis and do not have an understanding of the law.
Ideas that the committee has received to enhance accessibility include drafting changes, including improving or adding to definitions in the bill, as has already been mentioned; Government guidance; a publicity campaign; and style legal documents for the benefit of trust users. In the light of the views that have been expressed to the committee, can the minister describe the measures that the Scottish Government intends to take to maximise the accessibility of the legislation to its users?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
Has the Scottish Government done any analysis of the reasons why fewer people are coming forward as trustees?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
The evidence that we have taken says that there is an issue in that respect.
Minister, just for clarification, are you saying that at the moment you are not intending to have any style documents in the legislation or to add or take away any definitions in the bill?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
Again, I want to push back on that. I think that the question about jurisdiction was answered by the SLC when it said that, if there were any question about jurisdiction, the case would come to Edinburgh sheriff court. That is clear. It might well be the case that people want to go down the Court of Session route, but I am not sure why we cannot give them the choice and trust solicitors to make that choice.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
Good morning to you, minister, and to your officials. I wonder whether I can just briefly follow up that point. I think that, in the evidence that we took, the preferred model—although it was not preferred by everybody—was that the definition would simply refer back to the 2000 act. Can you give us a wee bit more information on what would be the advantages and disadvantages, from a Scottish Government perspective, of using that particular model?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
I move to section 61 of the bill, which gives a power to the beneficiaries, and others, to apply to the court to alter the trust purposes of a family trust where there is a material change in circumstances. Section 61 sets out the default position that that power cannot be used for 25 years. Most, though not all, of those who expressed a view to the committee thought that the 25-year period was too long. How did you arrive at the period of 25 years and, having heard the evidence, are you persuaded that that is still the right period?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Jeremy Balfour
STEP Scotland was also critical of a further requirement to be met before the court power could be used, which is that the person who set up the trust must now be dead. Does the Scottish Government still think that that requirement should be in section 61? What was the rationale for that provision?