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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 22 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Thank you, minister. The Faculty of Advocates argued that a power for the court to extend the time limit on an individual case-by-case basis should have been included in the bill; indeed, it did not think that that particular aspect would be controversial. It also suggested that it would help grieving and vulnerable cohabitants navigate family dynamics after the death. I should add that Yvonne Evans suggested that the time limit simply be extended to 12 months, and others thought that that should be the case, too.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Just before I bring in Jeremy Balfour, I want to pick up the point about grief. Obviously, grief affects everyone differently, so the six-month time period might be far too short for some individuals. Therefore, the recommendation from the Faculty of Advocates on extending the period on an individual case-by-case basis could be a compromise in the bill. That said, there was strong evidence in support of a full extension to 12 months.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Will the Scottish Government send that research to the SLC for additional work or will it remain solely for the Scottish Government?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Oliver, did you want to come back in?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Yes, you can do that now.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Jeremy, just before you go on to your other question, I should add that one concern that the committee has heard quite clearly, certainly in the evidence that it has taken, is about the fact that language can change and the need to safeguard language and individuals. The need for future proofing has also been raised quite strongly by a variety of people who have given evidence. I have to be honest and say that I am sure that the committee will be urging the Government to look at the point with some haste.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 6 June 2023

Stuart McMillan

Welcome to the 19th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 4, 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

A couple of weeks ago, at the conveners’ group meeting, I asked the First Minister whether he thought that some type of protocol regarding section 104 orders would be useful, as this is the second—and probably not the last—SLC bill in which the situation has arisen. Although my question is not about the bill per se, do you think it would be worth while considering some type of protocol between the Scottish and UK Governments on section 104 orders?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Assuming that the bill is passed by the Parliament, can you indicate how long you think that it will take for any associated section 104 order to come into force? What legislative options are there to ensure that the bill’s commencement is not delayed and that there will be no black hole or gap in the law applying to pension scheme trusts?