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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 1198 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Yes.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

The Faculty of Advocates and others have said that they think that the power in section 67 to give directions to the court needs to be much wider. I would be interested to get your views on that. Does the power need to be wider, or is the provision about right? Are you happy with the position as it is?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Can I just clarify a point in that respect? What if, say, one person from a couple goes into a care home for a long period of time? What happens in practice at the moment? In such cases, is any thought given to putting something in writing? If someone has been in a care home for three or four years but the other person is living at home, how do you deal with that in practice so that people do not lose out?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Picking up on that final point, we raised that with the Scottish Law Commission when we took evidence a couple of weeks ago. Its representatives were slightly sceptical of that concept, but it might be worth looking at again.

I will move on to section 67 of the bill. The Faculty of Advocates and others have said that they think that the power in that section to give directions to the court needs to be much wider than the one that currently appears in the bill. Would the other witnesses like to comment on that assessment? I will then ask Laura Dunlop to defend that position at the end.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Excellent—we almost have consensus.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I want to follow up on Mr Lamb’s point about the comparative costs between a sheriff court and the Court of Session. We have taken evidence that there is not much difference between them. Is that your experience, too?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I do not think that that has been raised before, so that is helpful. We can pursue that.

Do others have a view on that issue?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

In that case, where would you see the expenses coming from?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

We will move on to sections 7 and 12 of the bill. Under section 12, a trustee does not get to participate in trust decisions when they are incapable, while under section 7, trustees can also remove a fellow trustee from their role on the basis that that trustee is incapable. Is the balance about right in that respect? Are you happy that the definitions are up to date enough? If we could do things differently, how would we?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I will move on to the bill’s interaction with charity law. You will be aware that the Charities (Regulation and Administration) (Scotland) Bill is also going through Parliament. Under section 8 of that bill, the Office of the Scottish Charity Regulator would have an administrative power to appoint on its own initiative interim trustees to a charitable trust. How would that work with the court’s power to appoint trustees under chapter 1 of the Trusts and Succession (Scotland) Bill? Is there an interaction?