Official Report: search what was said in Parliament
The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
No, it is okay. We will just ask the questions and then you can respond.
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
Unlike the commission’s draft bill, this bill does not include pension trusts in its definition of a trust. The Scottish Government intends to ask the United Kingdom Government to implement a section 104 order, which is something that this committee is very aware of given the Moveable Transactions (Scotland) Bill, which will reach stage 3 on Thursday afternoon.
Will you give a view on the Scottish Government’s approach to the request for a section 104 order with regard to pension trusts?
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
We seem to have lost Jeremy Balfour.
We can come back to Jeremy if he wants to come back on that point.
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
We will resume.
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
We will certainly write to you to confirm.
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
That would be helpful; thank you.
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
As we have no further questions for the panel, I thank Lady Paton and Lord Drummond Young for their extremely helpful evidence. The committee may follow up by letter with any additional questions stemming from today’s meeting. There are also a couple of action points for you to come back to the committee on.
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
Yes. That is no problem at all.
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
Yes. Once again, I thank both of you for coming. I will suspend the meeting briefly to allow the witnesses to leave the room.
11:59 Meeting suspended.12:01 On resuming—
Delegated Powers and Law Reform Committee
Trusts and Succession (Scotland) Bill: Stage 1
Meeting date: 2 May 2023
Stuart McMillan
We move on to questions on sections 25 and 26. We have received a variety of responses on the provision of information under those sections. Some concern was expressed regarding the level of information that could be provided.
We had some comments from Anderson Strathern, which said that it felt that the provisions
“have been drawn too widely and places too onerous a duty on trustees to provide information.”
Gillespie Macandrew LLP thought that the provisions could
“open the door to increased litigation by disappointed potential beneficiaries for whom receipt of information on the existence of the trust might lead to an expectation of a benefit thereunder.”
In view of those and other comments that the committee has received, do you wish to offer any reflections on the policy underpinning the provisions at this stage?
