Skip to main content
Loading…

Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Filter your results Hide all filters

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 4 May 2021
  6. Current session: 13 May 2021 to 24 September 2025
Select which types of business to include


Select level of detail in results

Displaying 2280 contributions

|

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The result of the division is: For 3, Against 2, Abstentions 0.

Amendment 58 agreed to.

Section 41, as amended, agreed to.

Section 42—Private purpose trusts: general

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

Amendment 23, in the name of the minister, is in a group on its own.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

Amendment 60, in the name of Jeremy Balfour, is grouped with amendments 31, 32 and 42.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The question is, that amendment 51 be agreed to. Are we agreed?

Members: No.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

It seems that no other member wishes to comment, but I will make one remark. When we were working through the earlier stages of the bill process, we were all on the same page. We wanted to achieve a good outcome on this, because it is such a challenging area. I hope that amendment 5 will do that.

Amendment 5 agreed to.

Section 7—Removal of trustee by co-trustees

Amendment 46 moved—[Jeremy Balfour].

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

Amendment 43, in the name of the minister, was debated with amendment 4. I remind members that, as amendments 43 and 51 are direct alternatives, they can both be moved and decided on. The text of whichever amendment is the last agreed to will appear in the bill.

Amendment 43 moved—[Siobhian Brown]—and agreed to.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 14 November 2023

Stuart McMillan

Good morning, and welcome to the 31st meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from Mercedes Villalba; in her place I welcome Rhoda Grant. Before we move to the first item on the agenda, I remind everyone to switch off their mobile phones or to put them into silent mode.

The first item of business is a declaration of interests. In accordance with section 3 of the “Code of Conduct for Members of the Scottish Parliament”, I invite Rhoda Grant to declare any interests relevant to the remit of the committee.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Stuart McMillan

Thank you for that. Have you or your officials had any further dialogue with the Faculty of Advocates and the Law Society of Scotland in preparation for lodging those potential amendments?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Stuart McMillan

Section 8(5), on regulatory categories, gives the Scottish ministers the power to reassign legal regulators between category 1 and category 2, which would change the requirements that a legal services regulator is currently subject to. The Law Society suggests that that power should be subject to a statutory duty to report on the outcome of the consultation, and that the Lord President’s consent should be required. The Faculty of Advocates does not agree that there should be a power to reassign regulators from one category to another through regulations.

How do you respond to those different considerations? Is the Scottish Government planning to make any amendments in that regard, or is it considering removing that particular power?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Stuart McMillan

As colleagues have no further questions, I will ask a final one. It is not really a committee question. You will be aware of the McClure Solicitors situation. I am quite sure that colleagues from all parties will have received emails from constituents about the issue. It is clear that there are a lot of unhappy individuals across the country and elsewhere in the United Kingdom. Some of the issues that have been raised involve trusts and succession and legal services. Obviously, the committee is scrutinising two bills on those topics.

Would you be content to meet me to discuss concerns that constituents have raised, with a view to potentially making amendments to the Trusts and Succession (Scotland) Bill and the Regulation of Legal Services (Scotland) Bill?