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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 5 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

Yes. Once again, I thank both of you for coming. I will suspend the meeting briefly to allow the witnesses to leave the room.

11:59 Meeting suspended.  

12:01&苍产蝉辫;翱苍&苍产蝉辫;谤别蝉耻尘颈苍驳鈥&苍产蝉辫;&苍产蝉辫;

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

We move on to questions on sections 25 and 26. We have received a variety of responses on the provision of information under those sections. Some concern was expressed regarding the level of information that could be provided.

We had some comments from Anderson Strathern, which said that it felt that the provisions

鈥渉ave been drawn too widely and places too onerous a duty on trustees to provide information.鈥

Gillespie Macandrew LLP thought that the provisions could

鈥渙pen the door to increased litigation by disappointed potential beneficiaries for whom receipt of information on the existence of the trust might lead to an expectation of a benefit thereunder.鈥

In view of those and other comments that the committee has received, do you wish to offer any reflections on the policy underpinning the provisions at this stage?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

Jeremy, do you want to continue?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

I am sure that we will come back to that particular aspect of the bill in further questioning. If you wanted to provide further comments to the committee in writing once you have had a look at the Law Society submission, that would be helpful.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

I will suspend the evidence session for a few moments.

11:49 Meeting suspended.  

11:52&苍产蝉辫;翱苍&苍产蝉辫;谤别蝉耻尘颈苍驳鈥&苍产蝉辫;&苍产蝉辫;

Delegated Powers and Law Reform Committee

Interests

Meeting date: 2 May 2023

Stuart McMillan

Good morning and welcome to the 14th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent.

The first item of business is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Mercedes Villalba MSP to declare any interests that are relevant to the remit of the committee.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 2 May 2023

Stuart McMillan

Item 2 is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

Thank you very much, Lady Paton. Lord Drummond Young, is there anything that you would like to say at the outset?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Stuart McMillan

On the issue of the pension trusts and the potential section 104 order, have you had any dialogue thus far with the Scottish Government on the matter?

Delegated Powers and Law Reform Committee

Interests

Meeting date: 2 May 2023

Stuart McMillan

Thank you, and welcome to the committee.