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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee
Meeting date: 13 June 2023
Stuart McMillan
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 13 June 2023
Stuart McMillan
The purpose of the instrument is to list offences in relation to which compliance notices may be used as an alternative to criminal proceedings, as set out in the Food (Scotland) Act 2015. The committee identified a cross-referencing error in paragraph 33 of the schedule to the instrument. The Scottish Government has accepted that there is a cross-referencing error and has undertaken to rectify it at the earliest available opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, for a cross-referencing error, in that paragraph 33 of the schedule should refer to regulation 4 of the Novel Foods (Scotland) Regulations 2017 instead of regulation 6(2)?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 13 June 2023
Stuart McMillan
Does the committee wish to note that the Scottish Government intends to correct the error by amendment at the earliest available opportunity?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 13 June 2023
Stuart McMillan
Also under this agenda item, no points have been raised on the following instruments.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Stuart McMillan
It would be useful if, after the research has been published, the Scottish Government could keep the committee updated by writing to us with its views and thoughts.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Stuart McMillan
In 2020, the Scottish Government was considering referring a specific project on succession law to the SLC, but there is no mention of any project on the substantive rules of succession law in the commission’s “Eleventh Programme of Law Reform”. How do you see the future of succession law reform in Scotland? The committee has heard evidence that there needs to be a great deal of change in that respect.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Stuart McMillan
We move on to sections 25 and 26, which concern the trustees’ duties to provide information. Some concern has been expressed to the committee about the trustees’ duties to provide information to potential beneficiaries under those two sections. Specifically, the concern is that the exact scope of the duties is uncertain but they are potentially too onerous.
We heard from Gillespie Macandrew, which presented different information to the committee from what its written submission said. In the committee, the firm said that the current provisions were better than being too prescriptive. However, the Law Society considered that there were problems with the existing provisions. Alan Barr, on behalf of the Law Society, said quite a number of things about potential beneficiaries.
Having heard the views expressed by stakeholders, do you share any of their concerns about the current drafting? If so, how would the Scottish Government change sections 25 and 26 of the bill to address them?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Stuart McMillan
Okay. Thank you, minister.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Stuart McMillan
As there are no further questions, I thank the minister and her officials for their evidence this morning. The committee might follow up by letter with any additional questions stemming from today’s meeting.
11:35 Meeting suspended.Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Stuart McMillan
That concludes the public part of the meeting.
11:39 Meeting continued in private until 12:05.