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.
Displaying 1073 contributions
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
What is your view of the arguments that have been made to the committee that it is not desirable to change the existing terminology on the law of tacit relocation in the bill? Is there any particular reason why you want to get rid of the terminology, given that it is a tenet of Scots law?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
What is your view on the argument that the bill needs to clarify the rules on serving notice to trusts and unincorporated associations?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
It must be something that you have given some consideration to, minister.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
Do you envisage that that vagueness is likely to lead to litigation and that we will have case law about what “within a reasonable period” means?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
It has been raised with us, which is why we are asking for a response. I appreciate that.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
You will have seen the representations that have been made to the committee, which vary, but there are calls for a review of the rules of the 1907 act. Are you looking at those representations? I appreciate your point that that act is broader than the issues that are in the scope of the bill, but are you looking at the wider issues that have been raised by a number of stakeholders—individuals and firms of solicitors—that have responded to the committee?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
Would you be happy to write to the committee with the outcome of those deliberations?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
So you would fall back on current practice when it comes to what “within a reasonable period” means.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
So you are satisfied that there will not be litigation.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
What is your view on the point that was put to the committee that vagueness in the bill’s language in some places, such as the use in section 5 of the term “within a reasonable period”, will lead to litigation, and that it should be replaced with definite and measurable—although less flexible—timescales such as 30 days? What is your view on that vagueness?