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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 17 August 2025
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Displaying 1311 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Would the bill require further amendment?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

For the avoidance of doubt, I just want to say that one of the witnesses today, John McArthur, is a personal friend of mine from many years ago when I was a trainee with Anderson Strathern. Also, Alan Barr, who is on the second panel, was one of my lecturers at university.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

That is helpful.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I will pick up on a couple of those issues. Someone on the first panel made a suggestion about getting medical evidence. Do you think that a requirement to provide medical evidence would be helpful in giving protection to a trustee who has been challenged on that?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Good morning. I thank all of you for coming to the meeting.

The bill contains some new powers for sheriff courts, but the Court of Session will remain the main court for trusts. Do you think that the balance is about right in that respect, or should more be done鈥攐r be allowed to be done鈥攊n the sheriff courts instead of things going to the Court of Session?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

How does that then relate鈥攐r does it relate at all鈥攖o the Charities (Regulation and Administration) (Scotland) Bill, under which the Office of the Scottish Charity Regulator can appoint interim trustees if no trustees are capable of working? If a trustee needed to step down and they were incapable of doing that, would OSCR not temporarily appoint an interim trustee to keep the trust going?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I will move us on again. A trustee, as you will be aware, does not get to participate in trust decisions under section 12 when they are incapable. Trustees can also remove a fellow trustee from their role on the basis that the trustee is incapable. The risk of abuse of those provisions has been highlighted by the Law Society and other legal stakeholders. The academics who appeared before the committee last week were more relaxed about that possible risk. From more of a practitioner鈥檚 perspective, are you concerned about that or happy with it? Is there anything that you would want to add to the bill on that?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

A concern among last week鈥檚 panel, because the domicile rules could be unclear, was about what will happen when a foreign national sets up a trust then disappears to another country. In practice, are you dealing with that issue? The issue is to do with someone who is not domiciled in Scotland setting up a trust then running it from another jurisdiction.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Yes.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

The Faculty of Advocates and others have said that they think that the power in section 67 to give directions to the court needs to be much wider. I would be interested to get your views on that. Does the power need to be wider, or is the provision about right? Are you happy with the position as it is?