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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: 9 May 2023

Jeremy Balfour

I direct my next question initially to Ms Evans. In your response to the committee鈥檚 consultation, you said that you did not think that the standard of care that is applicable to supervisors and protectors was clear in the bill. Can you expand slightly on that? Do the other witnesses agree with Ms Evans?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I will move us on to chapter 6 of the bill, which makes clear that private purpose trusts are permitted in Scots law and sets out certain requirements as to how those trusts should be run. In policy terms, are the requirements in chapter 6 stringent enough to guard against the possible abuse of those trusts?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

Do you think that there should be a higher standard of care?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I will move on to the bill鈥檚 interaction with charity law. You will be aware that the Charities (Regulation and Administration) (Scotland) Bill is also going through Parliament. Under section 8 of that bill, the Office of the Scottish Charity Regulator would have an administrative power to appoint on its own initiative interim trustees to a charitable trust. How would that work with the court鈥檚 power to appoint trustees under chapter 1 of the Trusts and Succession (Scotland) Bill? Is there an interaction?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

To follow that up, should there be some explanation in the trusts bill that refers to the charities bill, so that that interaction is understood, or would simply an explanatory note suffice?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I want to follow up one of Professor Paisley鈥檚 opening remarks in which he said that he felt that succession could go further in the bill. Would you expand on those comments, Professor Paisley, so that we do not miss that point?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

For those of us who are less aware of legal rights, which category of individual do you want to remove from them?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

I am grateful for that response. If you send supplementary information to the committee and could include an idea that you have for a definition, or could point us towards a definition, that would be helpful. If we are looking at amendments and such things in stages, we are probably not the best people to draft definitions.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Jeremy Balfour

How would you deal with that?

Social Justice and Social Security Committee

Cost of Living (Lone Parents)

Meeting date: 4 May 2023

Jeremy Balfour

I wondered whether anyone has engaged with the Scottish Government on the matter, but they have not.