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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 25 November 2024
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Displaying 1699 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The question is, that amendment 51 be agreed to. Are we agreed?

Members: No.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

It seems that no other member wishes to comment, but I will make one remark. When we were working through the earlier stages of the bill process, we were all on the same page. We wanted to achieve a good outcome on this, because it is such a challenging area. I hope that amendment 5 will do that.

Amendment 5 agreed to.

Section 7—Removal of trustee by co-trustees

Amendment 46 moved—[Jeremy Balfour].

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

Amendment 43, in the name of the minister, was debated with amendment 4. I remind members that, as amendments 43 and 51 are direct alternatives, they can both be moved and decided on. The text of whichever amendment is the last agreed to will appear in the bill.

Amendment 43 moved—[Siobhian Brown]—and agreed to.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 14 November 2023

Stuart McMillan

Good morning, and welcome to the 31st meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from Mercedes Villalba; in her place I welcome Rhoda Grant. Before we move to the first item on the agenda, I remind everyone to switch off their mobile phones or to put them into silent mode.

The first item of business is a declaration of interests. In accordance with section 3 of the “Code of Conduct for Members of the Scottish Parliament”, I invite Rhoda Grant to declare any interests relevant to the remit of the committee.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The next group is on time limit for cohabitant claim on intestacy. Amendment 48, in the name of Jeremy Balfour, is the only amendment in the group.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The result of the division is: For 2, Against 3, Abstentions 0.

Amendment 46 disagreed to.

Amendment 6 moved—[Siobhian Brown]—and agreed to.

Section 7, as amended, agreed to.

Sections 8 and 9 agreed to.

Section 10—Discharge where trustee has resigned, died or been removed from office

Amendment 7 moved—[Siobhian Brown]—and agreed to.

Section 10, as amended, agreed to.

Section 11 agreed to.

Section 12—Making of decision

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The next group is on decision making, powers of trustees and the validity of certain transactions and documents. Amendment 8, in the name of the minister, is grouped with amendments 9, 12, 54 to 56 and 22.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

There will be a division.

For

Balfour, Jeremy (Lothian) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)

Against

Kidd, Bill (Glasgow Anniesland) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The result of the division is: For 3, Against 2, Abstentions 0.

Amendment 52 agreed to.

Section 1, as amended, agreed to.

Sections 2 to 4 agreed to.

Section 5—Resignation of trustee

Amendment 1 moved—[Siobhian Brown]—and agreed to.

Amendment 53 moved—[Jeremy Balfour].

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 2

Meeting date: 14 November 2023

Stuart McMillan

The question is, that amendment 52 be agreed to. Are we agreed?

Members: No.