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Last updated: 27 October 2023

Chief Executive Report September 2023

Running Costs PS Running Costs Key YTD variances against budget (£k) Utilities Job Related Training Cleaning Advisors Printing Software Support & Annual Licenses Corporate Training Maintenance (80) (60) (40) (20) 20 40 60 80 Commentary on significant variances to the annual budget: Utilities (£61k) YTD overspend.
Last updated: 19 August 2022

SPLCMS0624

Clause 14 (Provision of the Protocol etc applying to other exclusions) k. Clause 15 (Changes to, and exceptions from, excluded provision) l.
Last updated: 17 June 2022

May Chief Executive Report

Non-Staff costs: PS Running Costs Key YTD variances against budget (£k) Maintenance Telephony Equipment Maintenance Cleaning Utilities (60) (40) (20) 20 40 60 80 Commentary on selected year end variances to annual budget: The (£51k) overspend on Maintenance is offset by an underspend on utilities.
Last updated: 10 June 2024

$name

Moratorium 78 Effect of moratorium (1) During a moratorium a registered social landlord’s land may not be disposed of without the Regulator’s consent. (2) Subsection (1)— (a) applies to disposals by the registered social landlord and by any other person having power to dispose of the registered social landlord’s land, but (b) does not apply to a disposal for which the Regulator’s consent is not required because of section 108 of a type mentioned in paragraphs (a) to (g) and (i) to (k...
Last updated: 20 December 2023

SPBill21BS062023

P ART 3 5 M ISCELLANEOUS AND GENERAL Miscellaneous 73 Amendment of Requirements of Writing (Scotland) Act 1995 (1) In section 7(7) of the Requirements of Writing (Scotland) Act 1995 (subscription and signing), after “partnerships,” insert “bodies of trustees,”. 10 (2) In schedule 2 of that Act (subscription and signing: special cases), after paragraph 2 1 insert— “Trusts 2A (1) Except where an enactment or the trust deed expressly provides otherwise, where a granter of a document executed after the commencement of section 15 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) 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 20 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.”. 73A Amendment of Confirmation of Executors (Scotland) Act 1858 After section 6 of the Confirmation of Executors (Scotland) Act 1858, insert— 25 “6A Restrictions on appointment of executor dative (1) This section applies where a sheriff is in receipt of a petition for the appointment of a person (“P”) as an executor dative in respect of the estate of a deceased person (“D”). (2) The sheriff must refuse the petition if satisfied that P is a person falling within 30 subsection (3). (3) A person falls within this subsection if that person— (a) is being prosecuted in Scotland for the murder or culpable homicide of D, (b) has been convicted, whether before or after the coming into force of this 35 section, in Scotland of such an offence as regards D, 48 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general (c) is being prosecuted in a jurisdiction outside Scotland for an offence which, in the opinion of the sheriff, is equivalent to the murder or culpable homicide of D, or (d) has been convicted, whether before or after the coming into force of this 5 section, in a jurisdiction outside Scotland of such an offence as regards D. (4) For the purposes of subsection (3), a person is to be regarded as being prosecuted for an offence if— (a) a prosecutor has initiated proceedings against the person in respect of 10 the offence, and 1 (b) those proceedings have not been dismissed or resulted in the conviction or acquittal of the person in respect of the offence. (5) If, despite subsection (1) or any rule of law to the contrary, a person falling within subsection (3) is appointed as an executor dative in respect of D’s 15 estate— (a) the person’s appointment as executor dative is not invalid by reason of the fact that the person falls within subsection (3), but (b) the appointment does not prevent the removal of that person from office following the making of an application under section 6 of the Trusts and 20 Succession (Scotland) Act 2024 (as read with section 6A of that Act) on the ground that the person is unfit to carry out the duties of a trustee. (6) This section is without prejudice to any power of a sheriff to refuse a petition for the appointment of P in any case where— (a) P does not fall within subsection (3), but 25 (b) P— (i) has acted (or is suspected of having acted) in a manner that caused or contributed to the death of D, or (ii) has otherwise been involved (or is suspected of having otherwise been involved) in the death of D.”. 30 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, 35 “the court” means the Court of Session except that in sections 1, 6, 6A, 62, 63, 65, 66, 68 and 69 the expression includes the appropriate sheriff court, “guardian” includes a person’s continuing attorney, 49 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general “potential beneficiary” means a person (whether or not an ascertained person) who— (a) is not a beneficiary, but (b) may become a beneficiary on being, at a future date or on the happening 5 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, “protector” is to be construed in accordance with section 49(1)(a), “supervisor” is to be construed in accordance with section 45(1), 10 “trust” means any trust (whether or not constituted by deed or other writing, by 1 or by virtue of Act of Parliament or of the Scottish Parliament, by Royal Charter, 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— 15 (a) deed or other writing, (b) enactment, (c) Royal Charter, or (d) resolution of any corporation, public body or ecclesiastical body, which constitutes any trust, and 20 “trustee” means a trustee under any trust but includes an executor nominate and, except in sections 3 and 5, an executor dative. (1A) In this Act, “appropriate person” means— (a) in relation to a beneficiary or, as the case may be, potential beneficiary, who has not attained the age of 16 years— 25 (i) a parent or guardian who has the parental responsibility or parental right to act as that person’s legal representative under section 1(1)(d) or 2(1)(d) of the Children (Scotland) Act 1995 (“the 1995 Act”), (ii) a person in whom that parental responsibility or parental right is vested by virtue of section 11(2)(b) of the 1995 Act, 30 (iii) a person having that parental responsibility or parental right by virtue of section 11(12) of the 1995 Act, (iv) a person in whom that parental responsibility or parental right is vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007), 35 (v) a parent or guardian who has the right, in relation to the beneficiary or potential beneficiary, to act as that person’s legal representative, by virtue of having parental responsibility for that person under Part 1 of the Children Act 1989 (“the 1989 Act”), 50 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general (vi) a person having that right, in relation to the beneficiary or potential beneficiary, by virtue of having parental responsibility for that person by virtue of— (A) section 12(2) of the 1989 Act, 5 (B) section 14C of the 1989 Act, or (C) section 25(3) of the Adoption and Children Act 2002, (vii) a parent or guardian who has that right, in relation to the beneficiary or potential beneficiary, by virtue of having parental responsibility for that person under Part 2 or Part 15 of the Children (Northern Ireland) Order 10 1995 (S.I. 1995/755) (“the 1995 Order”), 1 (viii) a person having that right, in relation to the beneficiary or potential beneficiary, by virtue of having parental responsibility for that person under Article 12(2) of the 1995 Order, or (b) in relation to a beneficiary or, as the case may be, potential beneficiary, who is 15 incapable, that person’s guardian. (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 20 (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 25 (creation of continuing power of attorney). 74A Power to amend jurisdiction in relation to trusts (1) The Scottish Ministers may by regulations make provision conferring on or removing from the Court of Session or, as the case may be, the appropriate sheriff court, power to decide particular types of cases relating to trusts under this Act. 30 (2) In particular, the Scottish Ministers may— (a) make provision modifying section 74 in so far as it relates to the definitions of “the court” and “the appropriate sheriff court” for the purposes of this Act, and (b) make such incidental, supplementary or consequential provision (including provision modifying this Act or another enactment) relating to the jurisdiction of the Court 35 of Session or the appropriate sheriff court as they consider appropriate for the purposes of giving full effect to the conferral or removal of a power. (3) Regulations under this section may only be made with the consent of the Lord President of the Court of Session. (4) Regulations under this section are subject to the affirmative procedure. 51 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general 75A Meaning of incapable and related expressions (1) In this Act— (a) “incapable” (and related expressions) is to be construed in accordance with section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (fundamental definitions), 5 but with the modification that the reference in the closing words of that definition to any provision of that Act is to be read as to any provision of this Act, (b) a reference to a person having legal capacity is a reference to a person who— (i) is not incapable, and (ii) does not otherwise lack legal capacity (for example, by reason of non-age). 10 (2) The Scottish Ministers may by regulations— 1 (a) make provision modifying the effect of the definition of “incapable” in the Adults with Incapacity (Scotland) Act 2000 as it applies for the purposes of this Act by virtue of this section, or (b) amend this section to replace or modify the definition of “incapable” for the 15 purposes of this Act. (3) Regulations under this section are subject to the affirmative procedure. 76 Persons who are untraceable For the purposes of sections 1(1)(b), 2(1), 5(3A)(a)(i), 6(1)(e), 12(2)(c), 40(1), 45(5)(b), 49(3)(k...
Last updated: 14 November 2023

SPBill21AS062023

Amendment of Confirmation of Executors (Scotland) Act 1858 73A After section 6 of the Confirmation of Executors (Scotland) Act 1858, insert— 25 “6A Restrictions on appointment of executor dative (1) This section applies where a sheriff is in receipt of a petition for the appointment of a person (“P”) as an executor dative in respect of the estate of a deceased person (“D”). (2) The sheriff must refuse the petition if satisfied that P is a person falling within 30 subsection (3). (3) A person falls within this subsection if that person— (a) is being prosecuted in Scotland for the murder or culpable homicide of D, (b) has been convicted, whether before or after the coming into force of this 35 section, in Scotland of such an offence as regards D, 47 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general (c) is being prosecuted in a jurisdiction outside Scotland for an offence which, in the opinion of the sheriff, is equivalent to the murder or culpable homicide of D, or (d) has been convicted, whether before or after the coming into force of this 5 section, in a jurisdiction outside Scotland of such an offence as regards D. (4) For the purposes of subsection (3), a person is to be regarded as being prosecuted for an offence if— (a) a prosecutor has initiated proceedings against the person in respect of 10 the offence, and 1 (b) those proceedings have not been dismissed or resulted in the conviction or acquittal of the person in respect of the offence. (5) If, despite subsection (1) or any rule of law to the contrary, a person falling within subsection (3) is appointed as an executor dative in respect of D’s 15 estate— (a) the person’s appointment as executor dative is not invalid by reason of the fact that the person falls within subsection (3), but (b) the appointment does not prevent the removal of that person from office following the making of an application under section 6 of the Trusts and 20 Succession (Scotland) Act 2024 (as read with section 6A of that Act) on the ground that the person is unfit to carry out the duties of a trustee. (6) This section is without prejudice to any power of a sheriff to refuse a petition for the appointment of P in any case where— (a) P does not fall within subsection (3), but 25 (b) P—(i) has acted (or is suspected of having acted) in a manner that caused or contributed to the death of D, or (ii) has otherwise been involved (or is suspected of having otherwise been involved) in the death of D.”. 30 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, 35 “the court” means the Court of Session except that in sections 1, 6, 6A, 62, 63, , 66, 68 and 69 the expression includes the appropriate sheriff court, 65 “guardian” includes a person’s continuing attorney, 48 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general “potential beneficiary” means a person (whether or not an ascertained person) who— (a) is not a beneficiary, but (b) may become a beneficiary on being, at a future date or on the happening 5 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, “protector” is to be construed in accordance with section 49(1)(a), “supervisor” is to be construed in accordance with section 45(1), 10 “trust” means any trust (whether or not constituted by deed or other writing, by 1 or by virtue of Act of Parliament or of the Scottish Parliament, by Royal Charter, 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— 15 (a) deed or other writing, (b) enactment, (c) Royal Charter, or (d) resolution of any corporation, public body or ecclesiastical body, which constitutes any trust, and 20 “trustee” means a trustee under any trust but includes an executor nominate and, except in sections 3 and 5, an executor dative. (1A) In this Act, “appropriate person” means— (a) in relation to a beneficiary or, as the case may be, potential beneficiary, who has not attained the age of 16 years— 25 (i) a parent or guardian who has the parental responsibility or parental right to act as that person’s legal representative under section 1(1)(d) or 2(1)(d) of the Children (Scotland) Act 1995 (“the 1995 Act”), (ii) a person in whom that parental responsibility or parental right is vested by virtue of section 11(2)(b) of the 1995 Act, 30 (iii) a person having that parental responsibility or parental right by virtue of section 11(12) of the 1995 Act, (iv) a person in whom that parental responsibility or parental right is vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007), 35 (v) a parent or guardian who has the right, in relation to the beneficiary or potential beneficiary, to act as that person’s legal representative, by virtue of having parental responsibility for that person under Part 1 of the Children Act 1989 (“the 1989 Act”), 49 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general (vi) a person having that right, in relation to the beneficiary or potential beneficiary, by virtue of having parental responsibility for that person by virtue of— (A) section 12(2) of the 1989 Act, 5 (B) section 14C of the 1989 Act, or (C) section 25(3) of the Adoption and Children Act 2002, (vii) a parent or guardian who has that right, in relation to the beneficiary or potential beneficiary, by virtue of having parental responsibility for that person under Part 2 or Part 15 of the Children (Northern Ireland) Order 10 1995 (S.I. 1995/755) (“the 1995 Order”), 1 (viii) a person having that right, in relation to the beneficiary or potential beneficiary, by virtue of having parental responsibility for that person under Article 12(2) of the 1995 Order, or (b) in relation to a beneficiary or, as the case may be, potential beneficiary, who is 15 incapable, that person’s guardian. (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 20 (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 25 (creation of continuing power of attorney). 74A Power to amend jurisdiction in relation to trusts (1) The Scottish Ministers may by regulations make provision conferring on or removing from the Court of Session or, as the case may be, the appropriate sheriff court, power to decide particular types of cases relating to trusts under this Act. 30 (2) In particular, the Scottish Ministers may— (a) make provision modifying section 74 in so far as it relates to the definitions of “the court” and “the appropriate sheriff court” for the purposes of this Act, and (b) make such incidental, supplementary or consequential provision (including provision modifying this Act or another enactment) relating to the jurisdiction of the Court 35 of Session or the appropriate sheriff court as they consider appropriate for the purposes of giving full effect to the conferral or removal of a power. (3) Regulations under this section may only be made with the consent of the Lord President of the Court of Session. (4) Regulations under this section are subject to the affirmative procedure. 50 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general 75A Meaning of incapable and related expressions (1) In this Act— (a) “incapable” (and related expressions) is to be construed in accordance with section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (fundamental definitions), 5 but with the modification that the reference in the closing words of that definition to any provision of that Act is to be read as to any provision of this Act, (b) a reference to a person having legal capacity is a reference to a person who— (i) is not incapable, and (ii) does not otherwise lack legal capacity (for example, by reason of non-age). 10 (2) The Scottish Ministers may by regulations— 1 (a) make provision modifying the effect of the definition of “incapable” in the Adults with Incapacity (Scotland) Act 2000 as it applies for the purposes of this Act by virtue of this section, or (b) amend this section to replace or modify the definition of “incapable” for the 15 purposes of this Act. (3) Regulations under this section are subject to the affirmative procedure. 76 Persons who are untraceable For the purposes of sections 1(1)(b), 2(1), 5(3A)(a)(i), 6(1)(e), 12(2)(c), 40(1), 45(5)(b), 49(3)(k...
Last updated: 28 May 2024

SPBill28BS062024

Visitor Levy (Scotland) Bill [AS PASSED] CONTENTS Section P ART 1 V ISITOR LEVY 1 Power for local authorities to impose levy 2 Overview P ART 2 K EY CONCEPTS Basis and calculation of levy 3 Levy to be charged on purchase of overnight accommodation 4 Meaning of overnight accommodation 5 Calculation of levy 6 Rate for levy 6A Maximum number of nights of over...
Last updated: 26 October 2023

Scottish Refugee Council follow up information on VWJR Bill 20231016

Regards Paul Duffin SPS HQ 38 HEADQUARTERS Calton House 5 Redheughs Rigg EDINBURGH EH12 9HW ANNEX K - Scottish Prison Service Data on Vietnamese children/young people in YOI Polmont for 1 April 2016 to 30 June 2021 Our Ref HQ20317 Dear Graham O’Neil 17 March 2021 Graham.O'[email protected] Thank you for your request dated 3 March 2021 unde...
Last updated: 7 March 2023

BB20180129

S5W-14130 Jeremy Balfour: To ask the Scottish Government what percentage of young people offered a job or apprenticeship through Scotland's Employer Recruitment Incentive (SERI) remained in employment after 13 weeks, broken down by (a) disabled people or people with a long-term health condition, (b) care-experienced young people, (c) carers, (d) people with convictions, including community payback orders, (e) early leavers from the armed forces, veterans or ex-forces personnel, (f) people unemployed for six months or more who are not on the Work Programme or a Community Work Placement, (g) people who have failed their ESA Work Capability Assessment, (h) Work Programme completers who remain unemployed, (i) ethnic minority groups, (j) people from the Gypsy/Traveller community, (k...
Last updated: 7 March 2023

BB20191122

Friday 22 November 2019 14 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Motions | Gluasadan Supported by: Emma Harper*, Annie Wells*, Edward Mountain*, Alexander Stewart*, Miles Briggs*, Mark McDonald*, Gordon Lindhurst*, Stuart McMillan*, Kenneth Gibson*, Maurice Corry*, Jamie Greene*, Jeremy Balfour*, Bill Kidd*, Monica Lennon* *S5M-19994 Rhoda Grant: Another Gruelling Challenge for Ally K...

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