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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 12 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Thank you for that. As colleagues have no further questions and witnesses do not wish to make any further comments, I thank both Patrick Layden and Charles Garland for their helpful evidence.

The committee may follow up by letter with any additional questions stemming from the meeting. If witnesses wish to add anything after the meeting, they are most welcome to do so, and they should please do so in writing.

I will suspend the meeting briefly to allow our witnesses to leave the room.

11:24 Meeting suspended.  

11:28 On resuming—  

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 16 April 2024

Stuart McMillan

Is the committee content with the Scottish Government’s explanation for that breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

McClure Solicitors was a Greenock-based firm with 14 offices across the UK that went into liquidation in 2021. I have had discussions with a range of constituents and with individuals from the legal fraternity who have reached out to me. One question that has consistently been asked is why the Law Society would not have appointed a judicial factor to deal with McClure’s.

McClure’s had an estimated 19,000 individuals with trusts, about 63,000 wills and more than 20,000 powers of attorney, so it had a lot of clients. The question that has consistently been put is why a judicial factor was not appointed. I have met the Law Society, which has given me an explanation as to why no judicial factor was appointed. That explanation seemed to be fair and rational, but in the circumstances that I have just outlined, based on your past experience, do you think that it would have been worth considering the appointment of a judicial factor?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Sure—thank you.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 16 April 2024

Stuart McMillan

Okay. Thank you very much.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 16 April 2024

Stuart McMillan

Agenda item 4 is consideration of two instruments subject to the affirmative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 16 April 2024

Stuart McMillan

Is the committee content with those instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 16 April 2024

Stuart McMillan

The instrument amends the Local Government (Scotland) Act 1973 to add Denmark to the list of countries whose citizens are eligible to stand for election as members of a local authority in Scotland if they have leave to enter or remain in the United Kingdom.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement as it was laid on 26 March 2024 and comes into force on 7 May 2024.??

In correspondence with the Presiding Officer, the Scottish Government explained that that breach had occurred as it could not lawfully make regulations to implement the treaty until after the UK Parliament completed its scrutiny process, which ended on 25 March. The treaty is expected to come into force on 7 May, at which point the provision in the instrument must be in place to comply with the UK’s international obligations.

As the instrument has not been laid at least 28 counting days before it came into force as required by section 28(2) of the 2010 act, does the committee wish to draw it to the attention of the Parliament on reporting ground (j) for failure to comply with laying requirements???

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 16 April 2024

Stuart McMillan

With that, I move the committee into private.

11:30 Meeting continued in private until 11:48.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

We also received evidence from the Faculty of Procurators of Caithness. In its submission, it states:

“We are firmly of the view that whatever other provisions may be made, the Judicial Factor should be wholly independent of the Law Society of Scotland, and there should be explicit prohibition of any current officer or employee of the Law Society of Scotland being appointed as the Judicial Factor”.

Do you agree with that suggestion?