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Seòmar agus comataidhean

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: 9 May 2023

Stuart McMillan

No bother.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 9 May 2023

Stuart McMillan

Under agenda item 3, we are considering instruments that are subject to the affirmative procedure.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Right. Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Even if the 1921 legislation were to be still in use purely for this aspect, whether it is for six months or a year, as Jeremy Balfour touched on, and although it is a bit complicated, or “messy” and untidy, would that be impossible to do?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Okay. Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Before we move on, I will clarify a point about the consultation. It was run by the Scottish Government, not the Scottish Parliament.

We have been speaking about section 6, but I will turn to section 7. A trustee does not get to participate in trust decisions under section 12 when they are incapable. Trustees can, under section 7, also remove a fellow trustee from a role on the basis that the trustee is “incapable”. The risk of those provisions being abused has been highlighted to the committee. Do you see merit in those concerns? If so, how can we safeguard against those risks?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Okay. Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

I thank our panel of witnesses for their helpful evidence. If the committee has any additional questions stemming from today’s session, we will follow that up in writing.

I briefly suspend the meeting to allow the witnesses to leave.

11:34 Meeting suspended.  

11:40 On resuming—  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Yes.