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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

One of the questions was about trustee insurance. If that became mandatory, would that resolve the issue in regard to individual liability?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I will develop the idea slightly by asking about clarity for trustees. If a charity has an asset and wants to give that to another charity, the general view is that the trustees have to get the best value that they can for that sale, but trustees who are passing an asset on to another charity with a similar charitable basis might want to sell it at a cheaper price. Is there a need for clarity on that in the bill, or is there already enough clarity to allow trustees to do that?

When I worked for a charity, we talked to another charity and asked whether the trustees could sell us an asset at a discount price so that we could use it for charitable purposes, but they said that they had to get the best price for their beneficiaries. Could some clarity be provided about a situation in which another trust benefits?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Good morning to the panel. You have the advantage of knowing what questions we asked the previous panel. I hope that we can make progress.

You will be aware that I said to the previous panel that the bill has some new powers for sheriff courts, but the main powers predominantly still lie in the Court of Session. Do you have a view on that? I will start with Laura Dunlop, on behalf of the Faculty of Advocates.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

That tees up another question. The panel of academics who gave evidence last week suggested that, instead of putting exact wording into this bill, it could just refer back to the 2000 act. That would mean that, if there were a change to the 2000 act, it would therefore immediately change the definition in the bill. Is that solution workable in practice rather than as an academic view?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

So, in practice, that would work for you on a day-to-day basis.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Can I just clarify a point in that respect? What if, say, one person from a couple goes into a care home for a long period of time? What happens in practice at the moment? In such cases, is any thought given to putting something in writing? If someone has been in a care home for three or four years but the other person is living at home, how do you deal with that in practice so that people do not lose out?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Picking up on that final point, we raised that with the Scottish Law Commission when we took evidence a couple of weeks ago. Its representatives were slightly sceptical of that concept, but it might be worth looking at again.

I will move on to section 67 of the bill. The Faculty of Advocates and others have said that they think that the power in that section to give directions to the court needs to be much wider than the one that currently appears in the bill. Would the other witnesses like to comment on that assessment? I will then ask Laura Dunlop to defend that position at the end.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Excellent鈥攚e almost have consensus.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I want to follow up on Mr Lamb鈥檚 point about the comparative costs between a sheriff court and the Court of Session. We have taken evidence that there is not much difference between them. Is that your experience, too?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I do not think that that has been raised before, so that is helpful. We can pursue that.

Do others have a view on that issue?