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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 4 May 2021
  6. Session 6: 13 May 2021 to 27 March 2026
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Displaying 509 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

I think that my question has largely been covered in that exchange, but how would a return be defined? Would, say, a brief encounter with a person or their getting back in touch bring the judicial factory to an end? After all, people sometimes make contact and then drift away again. How would you define a person being back in touch sufficiently to take over their own affairs?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

In response to the committee’s call for views, the Sheriffs and Summary Sheriffs Association said that it thought that the appointment of the accountant should be made not by the SCTS directly but by the Lord President. Do you have a view on that proposal?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

I am happy with that, convener. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

I hear the point. What I meant was whether there is a practical current example where the issue has come up in relation to judicial factors. Have the Faculty of Advocates and other organisations come across examples that have informed your views, or are they based on the law of trusts?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

I was just going to ask, for clarity, whether you would be keen to have a section 104 order. That is what I am taking from what you have said.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

I take it, from what you have said, that you would be keen to see a section 104 order.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

That is fine. I guess the tricky thing is that the person who was involved in driving the bill forward and in its drafting has said that there is not a problem and that the power is already catered for. I am trying to work out whether that power is needed. If there are no specific examples of where it is needed at the moment, it is harder to push back and say that section 11 does not cut it. That is why I was asking.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

The point being made is pretty clear.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

We have talked a bit about the similarity of this legislation and the law around trusts. Section 17 covers the investment power of a judicial factor in respect of the estate. Following the approach in the Trusts and Succession (Scotland) Act 2024, do witnesses think that the bill should include the provision for a judicial factor to choose to invest in ethical, social or governance-tested investments, even if those might not lead to maximum income for the estate?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Oliver Mundell

The centre for Scots law at the University of Aberdeen, Professor Grier at Abertay University and R3 have all said that the fiduciary nature of the judicial factor’s duties needs to be spelled out explicitly in the legislation. The commission seems open to that to some extent, if it is stated as a general principle rather than a detailed treatment of the topic. What does the centre for Scots law think of the commission’s view? What do the rest of the panel think of the views expressed so far on this topic?

10:30