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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 4 May 2021
  6. Current session: 13 May 2021 to 8 April 2026
  7. Session 6: 13 May 2021 to 8 April 2026
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Displaying 454 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Therefore, in your mind, the two processes are almost running side by side. That complaint would take reference to any on-going court case at the same point and come to the same conclusion. Thank you very much.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Good morning, minister, and thank you for coming in. When the Charity Law Association was here, it commented that it does not think that the bill as drafted would really help in the case of charities. It wants new provisions in the bill that will specifically help with that. However, when the commission came in, it said that, rather than having new provisions, we could amend the current provisions of the bill. Do you have any thoughts on that or on how we could help in relation to the Charity Law Association’s point?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Thank you—I was just curious. Law is maybe always not that fast, but I wondered whether there was a hold-up, because there is quite a lot that we want to come through the system, as you mentioned. If all the reports take 10 years, that will take quite a long time. However, if it is simply about parliamentary time and space, I suppose that the best use of the committee is in how we can push things forward.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

The Faculty of Advocates, with support from the centre for Scots law, has said to the committee that it would be useful to give the judicial factor an additional power in part 2 of the bill to seek directions from the appointing court. However, other stakeholders’ views on that have been more mixed. There is some suggestion that the court already has the powers that it needs in the bill.

Having heard all the views that have been expressed to the committee, what is your position on that? Would you be open to amending the bill in such a way as the Faculty of Advocates suggests?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Thank you for that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

In the past couple of weeks, we have discussed having a complaints process in the bill. There was a suggestion that if somebody was unhappy, the first port of call would be a referral to the Accountant of Court, and then to the court itself. Do you think that there is a need to have that explicitly laid out in the bill? I assume that that is how it already works in practice, but should it be spelled out, and do you see any issues with that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Last week, we had a bit of a discussion about the register of inhibitions and whether that, as the bill suggests, is the correct place to put what is, in effect, the list of judicial factors. Do you think that it is the correct place? Last week, the Faculty of Advocates said that it was probably not the right place and that perhaps a new list could be created. If that were to be done, would that give you any resourcing issues?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Okay, that makes sense. You are saying that, outwith the bill, those complaints procedures are already in place, and that you have to abide by those rules. Therefore, in your view, it does not need to be explicit in the bill because you have to abide by the rules anyway.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That is fine. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That makes sense. There could be a specific reference in the bill, but it could be backed up by guidance later.

Part 4 deals with ending the judicial factor arrangement and distributing the estate. You made comments on the link between that part and the Presumption of Death (Scotland) Act 1977. For the record, will you say a bit more about your concerns and whether you want to see something specific in the bill or in guidance?