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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.  

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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 4 May 2021
  6. Current session: 13 May 2021 to 24 September 2025
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Displaying 2280 contributions

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Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 16 May 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Thank you, Jeremy.

I welcome to the meeting our first panel: Ross Anderson, partner, Jones Whyte; Sandy Lamb, partner, Lindsays; John McArthur, partner, Gillespie Macandrew; Caroline Pringle, director, Anderson Strathern; and Joseph Slane, associate, Turcan Connell. I should also note that Mercedes Villalba is joining us online.

I remind the witnesses not to worry about turning on the microphones during the session, as they are controlled by broadcasting. If you would like to come in on a question, please raise your hand or indicate as much to the clerks. There is also no need to answer every question; you can simply indicate when a question is not for you to respond to. Please feel free, though, to follow up in writing any question after the meeting, if you so wish.

I will open the questioning. On 2 May, the Scottish Law Commission told the committee that it is important that trust law reforms ultimately apply to pension trusts, too, and the current plan is for that to have effect through a section 104 order agreed between the Scottish and United Kingdom Governments. Do you share the view that the bill should apply to pension trusts in whole or in part? What, for you, would be the practical impact if there were a gap between the legislation coming into force for most trusts and then separately for pension trusts?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Thank you.

I thank the witnesses for their helpful evidence. The committee will follow up by letter on any further points or questions that stem from today’s evidence. If witnesses would like to highlight any points that have not come up during the meeting, they should please do so in writing—we would greatly appreciate that.

12:02 Meeting continued in private until 12:30.  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

You may as well go ahead.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

On that point, I know that the Scottish Government was keen to explore the extent to which that problem might arise in practice. That is touched on in the policy memorandum. Are sufficient legal safeguards already in place to protect beneficiaries who are under the age of 16?

10:45  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

The committee genuinely appreciates the work of both the Scottish and UK Governments on moveable transactions and also with regard to the section 104 order, because a lot of work has taken place on that.

That was not a trick question, and it was not a constitutional question; it was just to see whether there was a smoother way.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Our next agenda item is to take evidence on the Trusts and Succession (Scotland) Bill. I welcome Yvonne Evans, a senior lecturer in law at the University of Dundee; Professor George Gretton, the emeritus Lord President Reid professor of law at the University of Edinburgh; and Professor Roderick Paisley, the chair of Scots law at the University of Aberdeen.

I note that Mercedes Villalba is joining us online today. I remind all attendees not to worry about turning on their microphones during the session, as those are controlled by broadcasting. Anyone who would like to come in on any question should raise their hand, catch my eye or indicate that to the clerks. Any witness who cannot answer a question should feel free to follow up in writing or to indicate that the question is not for them to respond to.

I will open the questioning for the committee. Will you confirm whether you support the general principles of the bill? If so, what do you see as being the key strengths of the bill? We will go into more specific areas of the bill as we progress through the session.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

I thank our panel of witnesses for their helpful evidence. If the committee has any additional questions stemming from today’s session, we will follow that up in writing.

I briefly suspend the meeting to allow the witnesses to leave.

11:34 Meeting suspended.  

11:40 On resuming—  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Yes.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 9 May 2023

Stuart McMillan

Under agenda item 5, we are considering an instrument that is not subject to any parliamentary procedure.