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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 13 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 16 April 2024

Stuart McMillan

?

Agenda item 6 is consideration of two instruments not subject to any parliamentary procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 16 April 2024

Stuart McMillan

Is the committee content with the instruments???

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

I have one final question in this area. I assume that you are aware of the situation that arose with McClure Solicitors.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Before we move on, and I hesitate to ask this question, but, particularly in respect of that area, would a section 104 order be made use of?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Charles Garland, would you like to come in?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Oliver, before you continue, I would like to follow on from that point.

If a judicial factor were in place for a long time, notwithstanding Oliver Mundell’s question about the ESG investment power, would the bill as it stands provide them with flexibility to consider other investments or other ways to invest? Alternatively, should an amendment be lodged to provide the ESG power, would that be helpful?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Okay. We can look into that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Under agenda item 3, we will take evidence on the Judicial Factors (Scotland) Bill. I welcome Patrick Layden KC TD, who is former lead commissioner at the Scottish Law Commission, and Charles Garland, who is interim chief executive of the Scottish Law Commission.

I remind the 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 raise your hand to catch my eye or indicate to the clerks.

Before we move to questions, I invite Patrick Layden to make some brief opening remarks.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

In response to the committee’s call for views, the Faculty of Procurators of Caithness said that there should be a specific procedure for an interested person or organisation to raise concerns about a judicial factor’s management of an estate. Those concerns would first be raised to the accountant and, if the outcome was unsatisfactory, there would then be a role for the court. What does the commission think of that proposal and can you identify its benefits and drawbacks?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

This is the final question. You have said a number of things about the bill as it stands, and there are obviously some differences between the bill and the SLC report. Do you have any final comments or considerations on the views expressed by the stakeholders in relation to the bill?