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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

We move on to section 61 of the bill, which is in regards to private trusts. Section 61 gives the power to the beneficiaries and others to apply to the court to alter the trust purposes of a family trust. It sets out the default position that that power cannot be used for 25 years.

Given that the views on the 25-year restriction have been mixed in the consultation, and that it is a default power only, are all the witnesses satisfied that it is the right policy decision to retain the 25-year restriction in the bill?

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

Instruments subject to Affirmative Procedure

Meeting date: 9 May 2023

Stuart McMillan

An issue has been raised in relation to the draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2023, which amends existing legislation to grant immunities and privileges, insofar as they are within devolved competence, to certain persons working with the International Criminal Police Organization, Interpol.

The order states that the term “Member Country” has the meaning that it has in the constitution of Interpol. However, the term does not appear in Interpol’s constitution, although it appears in the agreement between the UK and Interpol, which is referred to in the order. When asked about that, the Scottish Government responded that the term “Member Country” has been used for consistency with the terms of the agreement and that the term has evolved into general use.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h) because the meaning of the term “Member Country” could be clearer?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Even if the 1921 legislation were to be still in use purely for this aspect, whether it is for six months or a year, as Jeremy Balfour touched on, and although it is a bit complicated, or “messy” and untidy, would that be impossible to do?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Would it be common to operate using two separate bits of legislation?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

Okay, thank you.

On 2 May, the Scottish Law Commission said to the committee that it is important that the trust law reforms ultimately apply to the pension trusts as well. You just touched on that issue with regard to the definition. Do you think that if the pension trusts are not included, that will have a detrimental effect on implementation of the law?

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 9 May 2023

Stuart McMillan

Good morning, and welcome to the 15th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent. We have received apologies from Oliver Mundell.

The first item of business is to decide whether to take item 6 in private. Are members content to take that item in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

I will go into one aspect of the bill that has come up so far, which is the issue of the section 104 order. Do the witnesses believe that the Scottish and the United Kingdom Governments should design a protocol, so that, if there is a section 104 issue with the bill, that can be dealt with automatically?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Stuart McMillan

I mean in general. Last week, the Parliament passed the Moveable Transactions (Scotland) Bill, and the section 104 order was one of the outstanding issues with the bill—it certainly was at the beginning of the bill process, but the section 104 issue has arisen again.

I suspect that as more Scottish Law Commission bills are introduced—and potentially other legislation—the section 104 order might become more of an issue. If a protocol of some kind was put together, would that help with the advancement of legislation?