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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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Social Justice and Social Security Committee

Cost of Living (Lone Parents)

Meeting date: 4 May 2023

Jeremy Balfour

I am sorry to interrupt, convener. I have a lot of questions that I would like to ask, but for now I will go back to one of the points that James Dunbar made. Can any witnesses help me with this? The Social Security (Scotland) Act 2018 brought in an entitlement to split payments so that the money does not all go to one individual and more of it might go to the female partner. However, with Covid, that seems to have been lost. Does anyone have an update on where we are with that? Should we pursue it with the Scottish Government? I do not have an update, so I am interested in knowing where we are.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

No, I was just saying thank you to Lord Drummond Young for the kind offer. We may well come back to him on it.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

Chapter 7 extends to charitable trusts. Will you explain how, if there was a protector for a charitable trust, their powers and duties would sit alongside the Office of the Scottish Charity Regulator鈥檚 powers to regulate charitable trusts?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

That is helpful. I will go a wee bit further. As you may be aware, as well as this bill, the Charities (Regulation and Administration) (Scotland) Bill is going through the Scottish Parliament. If you are not aware of that, perhaps you could write to the committee on my next question.

How do you envisage that OSCR鈥檚 administrative power to appoint interim trustees to charitable trusts on its own initiative under section 8 of the Charities (Regulation and Administration) (Scotland) Bill will work with the court鈥檚 power to appoint trustees under chapter 1 of part 1 of the Trusts and Succession (Scotland) Bill? Is there an interaction simply on the face of the two bills, or will that cause contradictions?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

I will leave it there. Thank you.

10:45  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

One of the responses that the committee received was about the role of mediation. There is nothing in the bill about that. Did the commission consider a formal role for mediation? If so, what policy considerations led to the decision not to include in the bill a process whereby, rather than having to go to the Court of Session or a sheriff court, mediation could be used as a stepping stone?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

That is helpful. Thank you for your kind offer.

I move on to an issue that has been raised by one of the legal firms. It concerns section 19 of the bill, which is on nominees. The law firm thinks that the section might not go far enough. Specifically, it has said that doubt would remain as to whether trustees could use a nominee custody structure or sub-custodians. I am interested to get your view on the scope of section 19 and any potential risks that have been identified in relation to it.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

That is fine. Thank you for that helpful explanation.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

I am grateful for that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Jeremy Balfour

For our benefit, will you explain why the commission decided to make the role of supervisor optional in chapter 6 of part 1 of the bill, when it is mandatory in many legal systems that permit private purpose trusts?