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 2520 contributions
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
I will open the questioning and then hand over to colleagues. Lady Paton, you have made a few comments about the current legislation and the bill before the committee today, but can you explain why the commission chose a project that aimed to reform trust law? What, genuinely, were the key objectives that the commission was seeking to achieve?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
If you want to provide any further considerations on sections 25 and 26 in writing after the meeting, that would be helpful.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
Thank you.
I hand over to Jeremy Balfour to ask question 12.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
I have a brief supplementary question. What process would take place if a trust was to be looked at? Under what is proposed in the bill, would that be dealt with in the Court of Session or by a sheriff court?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
As a supplementary to that question, could a small amendment be made to section 75 at some point in the future? Could the definition potentially be amended via a statutory instrument?
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
Okay. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
Before we move to the next item on the agenda, I take this opportunity on behalf of the committee to thank Carol Mochan MSP for her contribution to the committee and her diligent work during her time with us. She has been in touch to pass on her thanks to everyone who is involved with the committee and to send her best wishes to us. I thank her for that and wish her all the best in her new role.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
Under item 3, we will take evidence on the Trusts and Succession (Scotland) Bill. I welcome Lady Paton, chair of the Scottish Law Commission, and Lord Drummond Young, the lead commissioner and former chair of the Scottish Law Commission.
I remind all attendees not to worry about turning on their microphones as they are controlled by broadcasting. If you would like to come in on any question, please just raise your hand or indicate to the clerks.
Before we move to questions, I invite Lady Paton to make some brief opening remarks.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
No, it is okay. We will just ask the questions and then you can respond.
Delegated Powers and Law Reform Committee
Meeting date: 2 May 2023
Stuart McMillan
Unlike the commission’s draft bill, this bill does not include pension trusts in its definition of a trust. The Scottish Government intends to ask the United Kingdom Government to implement a section 104 order, which is something that this committee is very aware of given the Moveable Transactions (Scotland) Bill, which will reach stage 3 on Thursday afternoon.
Will you give a view on the Scottish Government’s approach to the request for a section 104 order with regard to pension trusts?