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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

In that case, where would you see the expenses coming from?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

We will move on to sections 7 and 12 of the bill. Under section 12, a trustee does not get to participate in trust decisions when they are incapable, while under section 7, trustees can also remove a fellow trustee from their role on the basis that that trustee is incapable. Is the balance about right in that respect? Are you happy that the definitions are up to date enough? If we could do things differently, how would we?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Good morning to the panel. If I can come back to this specific bill, it looks like it takes about a year to do a section 104 if everything moves smoothly. Do you think that there is any way that we could amend the bill to avoid a section 104, which would then mean that it would all come into force at the same time, or is a section 104 inevitable because of the pension scheme aspect?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I will pursue questions on section 7. I know that there are differences in what the three of you have said in your submissions, so please feel free to offer a critique to each other.

Section 7 sets out various grounds under which the majority of trustees can remove fellow trustees, as we discussed. Should those grounds be expanded or altered? It mentions “incapable” trustees, but should we add other grounds to the bill?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I just want to follow this up slightly. In a previous life, I worked with a trust that was trying to buy property from another trust; however, the view of the other trust was that it always had to get best value—the highest price—because it was scared. Would the sort of clause that we have been talking about help in such situations—not only with investments but with selling off heritable property—by making it clear that it was not necessary to get the best price if the money was being passed to another charity? If not, would there be a way around that? I ask the question, because quite a number of trusts keep saying that they have to get best value almost as an excuse not to sell to another trust.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Do either of the other witnesses have a view on that change in law?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Just to follow that up further—perhaps your colleagues could answer—would having a will be one way to exclude it? Could you write it directly into the will that you want to exclude legal rights, or does that go too far?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

If I may, I will pursue that further. Is your concern—had I been convicted in a foreign jurisdiction, for example—that that jurisdiction did not complete trials properly? I am just a wee bit confused. Presumably, if I were convicted in X country, that would be on public record in my country. You do not think that that is enough.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

To play devil’s advocate for a moment, Professor Paisley, that is a very subjective test. Your morality might not be my morality. You are better at dealing with this than I am, but, in regard to drafting legislation, we need to have some kind of principle and clarity around that. We might or might not want to exclude that individual, but how would we make that decision in law?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Is there agreement on that point?