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Last updated: 22 November 2022

SPBill21S062022

Rights of succession to intestate estate 20 72 Rights of succession to intestate estate (1) In section 2(1) of the Succession (Scotland) Act 1964 (rights of succession to intestate estate)— (a) after paragraph (a) insert— “(ab) where an intestate is survived by a husband, wife or civil partner, but 25 is not survived by any prior relative, the surviving spouse or civil partner shall have right to the whole of the intestate estate;”, (b) paragraph (e) is repealed. (2) This section does not apply as respects a death that occurred before the section comes into force. 42 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general P ART 3 1 M ISCELLANEOUS AND GENERAL Miscellaneous 73 Amendment of Requirements of Writing (Scotland) Act 1995 5 (1) In section 7(7) of the Requirements of Writing (Scotland) Act 1995 (subscription and signing), after “partnerships,” insert “bodies of trustees,”. (2) In schedule 2 of that Act (subscription and signing: special cases), after paragraph 2 insert— “Trusts 10 2A (1) Except where an enactment or the trust deed expressly provides otherwise, 1 where a granter of a document executed after the commencement of section 73 of the Trusts and Succession (Scotland) Act 2023 is a body of trustees, the document is signed by that body if it is signed on the body’s behalf either by a majority of the trustees or by a person (whether or not one of the trustees) 15 authorised to sign the document on the body’s behalf. (2) Sub-paragraph (1) of this paragraph applies in relation to the signing of an alteration to a document as it applies in relation to the signing of a document. (3) In this paragraph, “trust” has the meaning assigned to that expression by section 74(1) of that Act of 2023.”. 20 General 74 Interpretation (1) In this Act, unless the context otherwise requires— “beneficiary”, in relation to a trust, means a person having, whether directly or indirectly, a vested or contingent interest under the trust, 25 “the court” means the Court of Session except that in sections 1, 6, 62, 63, 66, 68 and 69 the expression includes the appropriate sheriff court, “guardian” includes a person’s continuing attorney, “potential beneficiary” means a person (whether or not an ascertained person) who— 30 (a) is not a beneficiary, but (b) may become a beneficiary on being, at a future date or on the happening of a future event, a person of some specified description or a member of some specified class of persons, “private purpose trust” is to be construed in accordance with section 42, 35 “protector” is to be construed in accordance with section 49(1)(a), “supervisor” is to be construed in accordance with section 45(1), “trust” means any trust (whether or not constituted by deed or other writing, by or by virtue of Act of Parliament or of the Scottish Parliament, by Royal Charter, 43 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general or by resolution of any corporation, public body or ecclesiastical body) but does not include any pension scheme established under a trust, “trust deed” means any— (a) deed or other writing, 5 (b) enactment, (c) Royal Charter, or (d) resolution of any corporation, public body or ecclesiastical body, which constitutes any trust, and “trustee” means a trustee under any trust but includes an executor nominate and, 10 except in sections 3 and 5, an executor dative. 1 (2) In the definition of “the court” in subsection (1), “the appropriate sheriff court” means— (a) where the sole trustee is, or a majority of the trustees are, habitually resident in a particular sheriffdom— (i) a sheriff court of that sheriffdom, or 15 (ii) where a majority of the trustees consent, a sheriff court of any other sheriffdom in which at least one of the trustees is habitually resident, or (b) where paragraph (a) is not applicable, the sheriff court at Edinburgh. (3) In the definition of “guardian” in subsection (1), “continuing attorney” is to be construed in accordance with section 15(2) of the Adults with Incapacity (Scotland) Act 2000 20 (creation of continuing power of attorney). 75 Persons who are incapable (1) For the purposes of this Act, a person is to be regarded as incapable who, for either or both of the reasons mentioned in subsection (2), is incapable of one or more of the following— 25 (a) making decisions, (b) communicating decisions, (c) understanding decisions, (d) retaining the memory of decisions. (2) The reasons are— 30 (a) that the person is mentally disordered, (b) that, because of physical disability, the person has an inability to communicate. (3) But subsection (1) is subject to subsection (4). (4) A person is not incapable by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical 35 aid (whether of an interpretative nature or otherwise). (5) For the purposes of subsection (2)(a), a person is to be regarded as “mentally disordered” who has any disorder or disability of the mind (however caused or manifested). 44 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general 76 Persons who are untraceable For the purposes of sections 1(1)(b), 2(1), 6(1)(e), 12(2)(c), 40(1), 45(5)(b), 49(3)(k...
Last updated: 23 January 2025

SPBill25ML2S062025

.”, (i) in subsection (8)— (i) in paragraph (a), the words “or (2)” are repealed, (ii) in paragraph (c), after “subsection” insert “(1A)(a), (1B)(a) or”, (iii) in the closing words, after “practitioner” insert “, and to the Commission and any other relevant party,”, (iv) in the closing words, after “determination” where it second occurs insert “or the direction under subsection (1A)(a) or (1B)(a)”, (j) after subsection (8) insert— “(8A) An intimation made under subsection (8) must— (a) be sent as soon as practicable after the determination or direction under subsection (1A)(a) or (1B)(a) has been made, (b) include information about any right of appeal or ability to make a handling complaint by virtue of section 23 of the 2007 Act.”, (k...
Last updated: 4 May 2023

SP15BillS62023

Structure and contents of the register 19 The parts of the register 20 The Keeper must make up and maintain, as parts of the register— (a) the assignations record, and (b) the archive record. 20 The assignations record (1) An entry in the assignations record is to comprise— 25 (a) the assignor’s name and address, (b) where the assignor is an individual, the assignor’s date of birth, (c) any identifying number which the assignor has and which, by virtue of RoA Rules, must be included in the entry, (d) the assignee’s name and address, 30 (e) any identifying number which the assignee has and which, by virtue of RoA Rules, must be included in the entry, (f) where the assignee is not an individual, an address (which may be an email address) to which any request for information regarding the assignation may be sent, 13 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 2—Register of Assignations (g) such description of the claim as is required, or permitted, for the purposes of this subsection by RoA Rules, (h) a copy of the assignation document, (i) the registration number allocated under section 23(1)(b) to the entry, 5 (j) the date and time of registration of the assignation document, (k...
Last updated: 21 March 2023

SPBill15AS062023

Registration process 83 Order in which applications are to be dealt with 20 The Keeper must deal with— (a) applications for registration of a statutory pledge under section 84, and (b) applications for registration of an amendment to a statutory pledge under section 86, in the order in which they are received. 25 84 Application for registration of statutory pledge (1) A secured creditor may apply to the Keeper for registration of a statutory pledge. (2) The Keeper must accept the application if— (a) it is submitted with a copy of the constitutive document, (b) it contains all the information the Keeper requires in accordance with section 81 30 to be able to make up an entry for the statutory pledge under section 85(1), (c) it conforms to such RSP Rules as relate to the application, and (d) either— (i) such fee as is payable for the registration is paid, or (ii) arrangements satisfactory to the Keeper are made for payment of that fee. 48 Moveable Transactions (Scotland) Bill Part 2—Security over Moveable Property Chapter 2—Register of Statutory Pledges (3) If the requirements of subsection (2) are not satisfied, the Keeper must reject the application and inform the applicant accordingly. 85 Registration of statutory pledge (1) On accepting an application made under section 84, the Keeper must— 5 (a) make up an entry for the statutory pledge (from the constitutive document, the information provided in the application and the circumstances of registration), (b) allocate a registration number to the entry (based on the order in which applications are dealt with), and (c) maintain the entry in the statutory pledges record. 10 (2) A statutory pledge is taken to be registered on the date and at the time entered for it 1 for the purposes of section 81(1)(k...
Last updated: 29 June 2022

SPBill09BS062022

(Scotland) Act 2008 (b) that, in the case of a vehicle or movable structure, the premises be detained, (c) that the premises be disinfected or decontaminated, (d) that the vector, agent or source of any infection or contamination be 5 removed, (e) that, in the case of a building, structure, mobile home or vehicle, the premises be destroyed. 86F Further provision on content of regulations (1) This section makes further provision about regulations under section 86A(1). 10 (2) The regulations may— 1 (a) confer functions on local authorities, health boards and other persons, (b) make different provision for different areas, (c) create offences, (d) modify any enactment (including this Act), 15 (e) enable a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances, (f) provide for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations, 20 (g) provide for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations, (h) permit or prohibit the levying of charges, (i) permit or require the payment of incentive payments and expenses, (j) permit the payment of compensation, 25 (k...
Questions and Answers Date answered: 19 December 2012

S4W-11545

(j) Work to Historic Scotland’s estate: Various conservation and repair works to Historic Scotland’s estate including investment in new visitor facilities. (k) National Museums of Scotland, maintenance: Backlog maintenance and energy improvement projects across the National Museums of Scotland estate.
Date published: 23 March 2021

Blue Carbon

., Fonseca, L., Astley, T., Thomas, K., & Watts, . (2005). Fish utilisation of managed realignments.
Last updated: 10 June 2024

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Air Departure Tax (Scotland) Bill [AS PASSED] CONTENTS Section P ART 1 A IR DEPARTURE TAX 1 Air departure tax P ART 2 K EY CONCEPTS Chargeable passengers and exemptions 2 Meaning of chargeable passenger 2A Passengers not carried for reward 2B Passengers under the age of 16 2C Passengers carried on connected flights 2D NATO passengers 2E Changes of circumst...
Last updated: 10 June 2024

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Air Departure Tax (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section P ART 1 A IR DEPARTURE TAX 1 Air departure tax P ART 2 K EY CONCEPTS Chargeable passengers and exemptions 2 Meaning of chargeable passenger 2A Passengers not carried for reward 2B Passengers under the age of 16 2C Passengers carried on connected flights 2D NATO passengers 2E Changes...
Last updated: 18 April 2024

BB20240419

S6W-26911 Kevin Stewart: To ask the Scottish Government whether the registration record of all NHS staff, irrespective of job title, is checked at employment in regard to (a) Health and Care Professionals Council, (b) Social Work England, (c) Social Care Wales, (d) Northern Ireland Social Care Council, (e) General Teaching Council for Scotland, (f) General Teaching Council for Northern Ireland, (g) Education Workforce Council, (h) General Chiropractic Council, (i) General Dental Council, (j) General Medical Council, (k...

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