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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

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Thank you. Going back to the issue of moving domicile, would that be an issue with regard to this, in terms of the 25 years?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Before we close, does anyone have any final points to highlight?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 9 May 2023

Stuart McMillan

No points have been raised on the regulations. Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 9 May 2023

Stuart McMillan

Under agenda item 4, we are considering an instrument that is subject to the negative procedure.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

No bother.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Before we move on, I will clarify a point about the consultation. It was run by the Scottish Government, not the Scottish Parliament.

We have been speaking about section 6, but I will turn to section 7. A trustee does not get to participate in trust decisions under section 12 when they are incapable. Trustees can, under section 7, also remove a fellow trustee from a role on the basis that the trustee is “incapable”. The risk of those provisions being abused has been highlighted to the committee. Do you see merit in those concerns? If so, how can we safeguard against those risks?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Okay. Thank you.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 9 May 2023

Stuart McMillan

No points have been raised on the regulations. Is the committee content with the instrument?

Members indicated agreement.

11:41 Meeting continued in private until 12:02.  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Right. Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Could an aggrieved trustee raise a court action in those circumstances and, if so, what would be the legal basis for that court action?