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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 12 November 2025
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Displaying 2327 contributions

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Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 16 May 2023

Stuart McMillan

Welcome to the 16th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent. Apologies have been received from Oliver Mundell MSP.

Agenda item 1 is a decision on taking business in private. Is the committee content to take items 6 and 7 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 16 May 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 16 May 2023

Stuart McMillan

Under item 3, we are considering one instrument subject to the negative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative 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

Fair enough. Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

I welcome our second panel of witnesses: Alan Barr, who is the convener of the trusts and succession law sub-committee of the Law Society of Scotland; Laura Dunlop KC, who is the convener of the law reform committee of the Faculty of Advocates; Sarah-Jane Macdonald, who is a committee member of STEP Scotland; and Ken Swinton, who is a council member of the Scottish Law Agents Society.

I ask Jeremy Balfour whether he has anything to declare.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

The final question is on part 2. As you will have heard in our previous evidence session, the committee has heard proposals for three policies that could be added to part 2 to improve it. The first is the creation of exceptions to legal rights as they currently apply to protect from disinheritance, which came from Professor Paisley; the second is the amending of the current strict six-month time limit that applies in the context of the cohabitant’s power to apply to the court for a share of the deceased’s estate, which came from the Faculty of Advocates and Yvonne Evans; and the third is clarifying that the law does not permit an unlawful killer to be an executor of their victim’s estate, which came from Professor Paisley and Professor Gretton.

We are keen to hear your views on those three proposals.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Stuart McMillan

Is everyone in agreement?