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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

Thank you.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 30 April 2024

Stuart McMillan

Under agenda item 2, we are considering five instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 30 April 2024

Stuart McMillan

The instrument amends the privileges and immunities afforded to the European Space Agency, the European Organisation for Astronomical Research in the Southern Hemisphere, and their representatives and staff.

In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee queried discrepancies between the instrument and the explanatory note.

The Scottish Government acknowledged that the new paragraph 7 of schedule 15 to the order that is being amended—the International Organisations (Immunities and Privileges) (Scotland) Order 2009—does not operate as the policy intended. It confirmed that it intends to rectify the error at the earliest opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i)—defective drafting—on the basis that the paragraph does not operate as intended, in that a director general, or a person acting in their place, who has a form of British nationality does not benefit from exemptions relating to social security as was intended?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

I see that there are no further questions from colleagues.

The panel has been asked a variety of questions, but are there any points that have not been touched on but which the panellists would like to put on the record?

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 30 April 2024

Stuart McMillan

Under agenda item 4, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Will the bill aid the work that you do if there are cross-border issues? I know that that is a difficult question.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

For our second panel today, I welcome Morna Grandison, director of interventions, Law Society of Scotland; Sandy Lamb, partner, Lindsays; and Ken Pattullo, partner, Begbies Traynor.

I remind the panellists not to worry about turning on the microphones, as they will be turned on automatically. If you would like to come in on any questions, please raise your hand or catch the eye of the clerks. There is no need to answer every question—you can simply indicate that it is not for you. However, if you want to follow up in writing afterwards, please do so.

Before we move to questions from the committee, I want, first of all, to thank you for agreeing to appear before us today. It is helpful for the committee to get the views of those practising as judicial factors.

For the benefit of the committee, can you describe the type or types of judicial factories that you are currently, and have been, involved in? Specifically, what are the general purposes of your appointment? For how long have you been, and do you usually find yourself, in post? How did you initially come to be appointed as a judicial factor by the court?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Morna Grandison, do you have anything to add?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

We move on to a question that is really for Morna. The witnesses will be aware of the situation with McClure Solicitors, which ceased trading in 2021, when Jones Whyte was appointed to take over a substantial volume of case work on trusts, executories and powers of attorney. If the McClure case had been suitable for the appointment of a judicial factor, the committee is interested to know how that would have operated in practice, given the scale and nature of the case load that McClure Solicitors had. To give you some indication of that, it was estimated that there were more than 60,000 wills, 20,000 powers of attorney and about 18,500 trusts.

Who would have assumed responsibility for the on-going work required for existing cases in areas such as trusts and executories when it is presumably challenging for an in-house judicial factor to have expertise in all the specialist areas of legal practice?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Would it be quite common to divide up the existing business to regulated firms?