Confirmation to Small Estates (Scotland) Order 2011 (SSI 2011/435)
Item 6 is two negative instruments, the first of which is the Confirmation to Small Estates (Scotland) Order 2011. The Subordinate Legislation Committee has not drawn the Parliament’s attention to the instrument on any of the grounds in its remit. Do members have any comments?
I have a comment on the prior rights of surviving spouses. I was looking at the summary of the analysis—
That is the next instrument.
Sorry—I thought that we were taking the instruments together.
You are ahead of us—I am glad to see that you are full of energy and determined to move on. There are no comments on the Confirmation to Small Estates (Scotland) Order 2011. Are members content to make no recommendation on the order?
Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011 (SSI 2011/436)
The second instrument is the Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011. The Subordinate Legislation Committee has not drawn the Parliament’s attention to the instrument on any of the grounds in its remit. Do members have any comments?
I understand that the general thrust of the instrument, in reviewing the financial limits, is to ensure that the surviving spouse is able to remain in the family home. However, some concerns have been expressed during the public consultation around whether it swings the balance too much away from the rights of children. I fear that the real issue is that people should not be leaving estates intestate and ought to make a will. It would be interesting to know what the Government has done to raise awareness on that issue, because it needs to make that clear.
I seek clarification from the clerks as to what, in reality, the committee can do in relation to the instrument.
We could annul—it is in your notes. Paper 4 states:
I was concerned about the substantial increase in the limits, which has been picked up by the newspapers and of which I was not previously aware. I find it hard to justify such a substantial increase, and I would like more information from the Government on that.
Shall we write to the minister on that basis? I will circulate the letter that goes out and sign it off.
We will continue that matter next week.
Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995) (Refixing diets) 2011 (SSI 2011/430)
Item 7 is consideration of an instrument that is not subject to any parliamentary procedure. The Subordinate Legislation Committee has not drawn the Parliament’s attention to the instrument on any of the grounds in its remit. I see that members have no comments. Are members content simply to note the instrument?
We now move into private session as agreed earlier in the meeting.
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