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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: 2 May 2023

Stuart McMillan

As we have no further questions for the panel, I thank Lady Paton and Lord Drummond Young for their extremely helpful evidence. The committee may follow up by letter with any additional questions stemming from today’s meeting. There are also a couple of action points for you to come back to the committee on.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

Yes. That is no problem at all.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

Yes. Once again, I thank both of you for coming. I will suspend the meeting briefly to allow the witnesses to leave the room.

11:59 Meeting suspended.  

12:01 On resuming—  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

We move on to questions on sections 25 and 26. We have received a variety of responses on the provision of information under those sections. Some concern was expressed regarding the level of information that could be provided.

We had some comments from Anderson Strathern, which said that it felt that the provisions

“have been drawn too widely and places too onerous a duty on trustees to provide information.”

Gillespie Macandrew LLP thought that the provisions could

“open the door to increased litigation by disappointed potential beneficiaries for whom receipt of information on the existence of the trust might lead to an expectation of a benefit thereunder.”

In view of those and other comments that the committee has received, do you wish to offer any reflections on the policy underpinning the provisions at this stage?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

Jeremy, do you want to continue?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

We will resume.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

That would be helpful; thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

We will certainly write to you to confirm.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

That is helpful; thank you very much.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 2 May 2023

Stuart McMillan

Under agenda item 4, we will consider three instruments that are subject to the negative procedure. No points have been raised on the regulations. Is the committee content with them?

Members indicated agreement.