Chamber and committees

Thank you.

Does the committee wish to welcome that the Scottish Government intends to rectify the error at the earliest opportunity, which is anticipated to be in the autumn of this year?

Members indicated agreement.

The Scottish Government confirmed that the explanatory note is incorrect in suggesting that the instrument affords immunities and benefits only to officers who have British nationality. It advised that it intends to correct the text of the explanatory note.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the error in the explanatory note?

Members indicated agreement.

Is the committee content with the document??

Members indicated agreement.

I can see the challenge if someone reappeared and was fine to take on the management of their finances and their estate again, and I can see the concern about the judicial factor being wound up in a quick process. The flipside of that is not wanting a judicial factor to be in place for an overly long period, while having an element of caution to get the best possible outcome for the person who has reappeared.

In relation to the information gathering powers for the Accountant of Court in section 39, there is an exception to the requirement to comply. That is for United Kingdom Government ministers and departments and bodies exercising reserved functions, such as His Majesty’s Revenue and Customs. We have had evidence on that before. They can choose whether to comply.

It may be the case that a section 104 order is, ultimately, required to extend the full scope of the information gathering powers to UK Government ministers, departments and bodies, but we cannot yet be sure that that will happen. If that issue does not get addressed via a section 104 order, does what we have in the bill present any problems for the Accountant of Court? If so, how significant are those potential problems?

That is helpful, thank you.

Under agenda item 5, we are considering one document, on which no points have been raised.

Thank you. I call Oliver Mundell.

If you are able to do that and to write to the committee afterwards, that would be very helpful.