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 1110 contributions
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
I thank Lord Drummond Young for his evidence so far. Section 61 of the Trusts and Succession (Scotland) Bill proposes that, once a private trust has been in existence for 25 years, it can have its trust purposes altered on application to the Court of Session.
Half of those who responded to the committee’s call for views, including the Faculty of Advocates, believe that that period is longer than necessary and that the minimum period should be shorter. Some who responded said that there should be no period at all before which a court application could be made. What are your reflections on the responses that the committee received?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
Does that mean that, although section 61 proposes 25 years before someone could apply to the Court of Session, that period would not necessarily apply?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
Under section 7 of the bill, trustees can remove a fellow trustee on the basis that the trustee has become incapable. Under section 12, a trustee does not get to participate in trust decisions if they are incapable or—perhaps more understandably—if they are untraceable. The possible risk of abuse of those provisions by trustees has been highlighted by some of the respondents to the call for views, such as Gillespie Macandrew LLP. Can you highlight any safeguards in the bill as it stands, or elsewhere in trust law, that would guard against that risk? Do you see some merit in the concerns?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
If you thought that that was controversial, you might think that my question is, too. Part 2 of the bill does not contain a blanket ban on an unlawful killer being an executor. As the law is not clear in this area, two academic lawyers, Dr Alisdair MacPherson and Professor Roddy Paisley of the University of Aberdeen, have suggested that part 2 of the bill be used to clarify the law in this area. The situation could be that the unlawful killer is the partner, husband or wife of the deceased and they would then become the executor of the will. That has raised a lot of concerns. What do you have to say about that?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
I suppose that it is about mental incapacity.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
Under the structure of the bill as introduced, would it be possible for a trustee to challenge such a decision without reaching the stage at which it was necessary to go to court? Would the ability to challenge be built in for anyone who was dealt with in such a manner?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
That makes sense. Thank you very much.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Bill Kidd
That is really helpful.
Public Audit Committee
Meeting date: 27 April 2023
Bill Kidd
Your report states that
“The Scottish Government commissioned an independent review”
of Ferguson Marine’s estimates of costs, which concluded that Ferguson Marine’s cost estimates
“are reasonable but more contingency needs to be built in as risks still remain.”
Are you working on the basis that it is an on-going process and that, once the two ferries are completed, there is still a lot of work left to do in order to bring Ferguson Marine on to a more sustainable route towards success and continuing work?
Public Audit Committee
Meeting date: 27 April 2023
Bill Kidd
At that point, we will be able to feel more confident that sponsorship arrangements are working in the effective manner in which they should be.