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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 7 November 2025
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Displaying 833 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

We have talked a bit about the similarity of this legislation and the law around trusts. Section 17 covers the investment power of a judicial factor in respect of the estate. Following the approach in the Trusts and Succession (Scotland) Act 2024, do witnesses think that the bill should include the provision for a judicial factor to choose to invest in ethical, social or governance-tested investments, even if those might not lead to maximum income for the estate?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

The centre for Scots law at the University of Aberdeen, Professor Grier at Abertay University and R3 have all said that the fiduciary nature of the judicial factor’s duties needs to be spelled out explicitly in the legislation. The commission seems open to that to some extent, if it is stated as a general principle rather than a detailed treatment of the topic. What does the centre for Scots law think of the commission’s view? What do the rest of the panel think of the views expressed so far on this topic?

10:30  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

My next question also relates to section 12, which states that the information-gathering power is subject to existing data protection legislation. That means that, under section 12, a person can refuse to supply information if to do so would be a breach of the data protection legislation. The Law Society has suggested that that provision in the bill might make life more difficult for judicial factors. Do panel members agree? Is it helpful or unhelpful to judicial factors to emphasise that links exist between the bill and the data protection legislation? For the Law Society, is this not simply a restatement of the law as it stands?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

The point being made is pretty clear.

Meeting of the Parliament

Portfolio Question Time

Meeting date: 18 April 2024

Oliver Mundell

To ask the Scottish Government what assessment the ministerial task force on population has made of the potential impact of the centralisation of services on the sustainability of rural communities. (S6O-03309)

Meeting of the Parliament

Portfolio Question Time

Meeting date: 18 April 2024

Oliver Mundell

Across Dumfriesshire, my constituents are finding it harder and harder to access basic services. National health service dentistry is now non-existent in many parts of the constituency. My constituents in Sanquhar, Kelloholm and Kirkconnel tell me that they cannot see a general practitioner face to face. Gretna community council says that finding the police in the community and getting them there is now near impossible as they have disappeared. In Langholm, people are working hard to get back basic podiatry and physiotherapy services that were taken away during Covid. Does the minister accept that having such poor services makes it harder for elderly, disabled and disadvantaged people to live in rural communities?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

That was helpful. There are provisions for appointing judicial factors in other legislation. The commission has looked at those, and it is broadly happy with them. Is that correct? Obviously, the bill would have been a chance to change those provisions.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

I think that it would probably be in section 19, but that would be up to drafting colleagues—and probably in section 17—

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

That is helpful. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

Would it be easy to set out in legislation what that meant, or would that be a difficult task?