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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 15 November 2024
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Displaying 1054 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Do either of the other witnesses have a view on that change in law?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I am grateful for that response. If you send supplementary information to the committee and could include an idea that you have for a definition, or could point us towards a definition, that would be helpful. If we are looking at amendments and such things in stages, we are probably not the best people to draft definitions.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I want to follow up one of Professor Paisley’s opening remarks in which he said that he felt that succession could go further in the bill. Would you expand on those comments, Professor Paisley, so that we do not miss that point?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

For those of us who are less aware of legal rights, which category of individual do you want to remove from them?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I direct my next question initially to Ms Evans. In your response to the committee’s consultation, you said that you did not think that the standard of care that is applicable to supervisors and protectors was clear in the bill. Can you expand slightly on that? Do the other witnesses agree with Ms Evans?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Is there agreement on that point?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

To play devil’s advocate for a moment, Professor Paisley, that is a very subjective test. Your morality might not be my morality. You are better at dealing with this than I am, but, in regard to drafting legislation, we need to have some kind of principle and clarity around that. We might or might not want to exclude that individual, but how would we make that decision in law?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I will move us on to chapter 6 of the bill, which makes clear that private purpose trusts are permitted in Scots law and sets out certain requirements as to how those trusts should be run. In policy terms, are the requirements in chapter 6 stringent enough to guard against the possible abuse of those trusts?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Do you think that there should be a higher standard of care?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

How would you deal with that?