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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 5 May 2021
  6. Current session: 12 May 2021 to 25 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

In relation to the information gathering powers for the Accountant of Court in section 39, there is an exception to the requirement to comply. That is for United Kingdom Government ministers and departments and bodies exercising reserved functions, such as His Majesty’s Revenue and Customs. We have had evidence on that before. They can choose whether to comply.

It may be the case that a section 104 order is, ultimately, required to extend the full scope of the information gathering powers to UK Government ministers, departments and bodies, but we cannot yet be sure that that will happen. If that issue does not get addressed via a section 104 order, does what we have in the bill present any problems for the Accountant of Court? If so, how significant are those potential problems?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

That is helpful, thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

That is something that has come up in previous SLC bills. Committee members know about the section 104 order and have discussed and debated it a lot in recent years. The one challenge with the section 104 order is the length of time that it would take for the process and for it to be agreed. In one example, it was estimated that that would take about a year and a half. That was in relation to the Trusts and Succession (Scotland) Bill, which is now the Trusts and Succession (Scotland) Act 2024.

There could be a situation where some aspects are still operating under the old law and other aspects are operating under the law that we passed in December. Would that provide any complications for you if that type of situation were to play out?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

As colleagues have no final questions, Ms Allan, are there any points that you would like to put on the record that have not been covered this morning?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

There is no standard process that could be put in place to provide support with the removal of the judicial factor.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Thank you. I call Tim Eagle.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 30 April 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Agenda item 9 is an evidence session on the Judicial Factors (Scotland) Bill. Our first witness is Josie Allan, head of policy and partnerships at Missing People. Welcome, Josie. You need not worry about turning on your microphone during the session as it is controlled by broadcasting. Please do not feel that you need to answer every question; simply indicate if something is not for you to respond to. Finally, after the meeting, please feel free to follow up in writing your response to any question, if you wish.

I will start the questions. Can you tell us a bit more about your organisation and the role that it plays in supporting those affected by people having gone missing?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

To help the committee’s understanding, can you say how many people in Scotland are classified as missing each year? Also, in what circumstances do people go missing and what issues are faced by their family members and others left behind?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

You have touched on my final question. Is it viable for a family member or a friend to undertake the role of judicial factor?