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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 2016 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

That is helpful; thank you.

10:26 Meeting suspended.  

10:31 On resuming—  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

I have a supplementary question for Alan Barr. You indicated that there is a spectrum of incapacity and that trusts might look at excluding people from specific aspects of decision making or from specific aspects of the trust. How easy or difficult would it be to do that?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Do you wish to come in, Joseph?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Okay. Thank you. Mercedes, do you have anything else to ask about?

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 16 May 2023

Stuart McMillan

Under item 4, we are considering one instrument that is not subject to parliamentary procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 16 May 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Thank you, Jeremy.

I welcome to the meeting our first panel: Ross Anderson, partner, Jones Whyte; Sandy Lamb, partner, Lindsays; John McArthur, partner, Gillespie Macandrew; Caroline Pringle, director, Anderson Strathern; and Joseph Slane, associate, Turcan Connell. I should also note that Mercedes Villalba is joining us online.

I remind the witnesses not to worry about turning on the microphones during the session, as they are controlled by broadcasting. If you would like to come in on a question, please raise your hand or indicate as much to the clerks. There is also no need to answer every question; you can simply indicate when a question is not for you to respond to. Please feel free, though, to follow up in writing any question after the meeting, if you so wish.

I will open the questioning. On 2 May, the Scottish Law Commission told the committee that it is important that trust law reforms ultimately apply to pension trusts, too, and the current plan is for that to have effect through a section 104 order agreed between the Scottish and United Kingdom Governments. Do you share the view that the bill should apply to pension trusts in whole or in part? What, for you, would be the practical impact if there were a gap between the legislation coming into force for most trusts and then separately for pension trusts?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Thank you.

I thank the witnesses for their helpful evidence. The committee will follow up by letter on any further points or questions that stem from today’s evidence. If witnesses would like to highlight any points that have not come up during the meeting, they should please do so in writing—we would greatly appreciate that.

12:02 Meeting continued in private until 12:30.  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

You may as well go ahead.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

I am going to put you on the spot, too. Is there any form of wording that you think could be useful?