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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 22 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

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

Instruments not subject to Parliamentary Procedure

Meeting date: 13 June 2023

Stuart McMillan

Under agenda item 4, we are considering three 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: 13 June 2023

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 13 June 2023

Stuart McMillan

Under agenda item 3, we are considering three instruments subject to the negative procedure. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 13 June 2023

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 13 June 2023

Stuart McMillan

That concludes the public part of the meeting.

10:02 Meeting continued in private until 10:02.  

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 13 June 2023

Stuart McMillan

Welcome to the 20th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Before we move on to discuss succession, I note that, a couple of weeks ago, we had someone giving evidence who was a sole trustee. We know that, under charity law, when somebody is in that position, OSCR can step in to assist. Do you believe that the bill provides enough safeguards for a person who becomes a sole trustee to a trust? Something might happen to that individual. Clearly, we do not want that to happen but, in such a case, the trust could end up having no trustee.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

However, the beneficiary might not be in a position to make such an application.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

We move on to the issue of what happens when someone dies without leaving a will. Currently, a cohabitant has six months to apply to the court in order to access the deceased person’s estate. We have heard a lot of evidence on the strict six-month time limit. It is fair to say that the majority feel that that time period is far too short. Various witnesses have suggested that the bill should be amended to address the issue, and there have been several suggestions about the specific nature of any changes. Having heard the views that have been expressed in evidence, is the minister persuaded that the bill should be amended to change the six-month time limit, or are there drawbacks to a change in policy?