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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: 9 May 2023

Jeremy Balfour

To follow that up, should there be some explanation in the trusts bill that refers to the charities bill, so that that interaction is understood, or would simply an explanatory note suffice?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

If I may, I will pursue that further. Is your concern—had I been convicted in a foreign jurisdiction, for example—that that jurisdiction did not complete trials properly? I am just a wee bit confused. Presumably, if I were convicted in X country, that would be on public record in my country. You do not think that that is enough.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I just want to follow this up slightly. In a previous life, I worked with a trust that was trying to buy property from another trust; however, the view of the other trust was that it always had to get best value—the highest price—because it was scared. Would the sort of clause that we have been talking about help in such situations—not only with investments but with selling off heritable property—by making it clear that it was not necessary to get the best price if the money was being passed to another charity? If not, would there be a way around that? I ask the question, because quite a number of trusts keep saying that they have to get best value almost as an excuse not to sell to another trust.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Just to follow that up further—perhaps your colleagues could answer—would having a will be one way to exclude it? Could you write it directly into the will that you want to exclude legal rights, or does that go too far?

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?