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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 509 contributions
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
My next question also relates to section 12, which states that the information-gathering power is subject to existing data protection legislation. That means that, under section 12, a person can refuse to supply information if to do so would be a breach of the data protection legislation. The Law Society has suggested that that provision in the bill might make life more difficult for judicial factors. Do panel members agree? Is it helpful or unhelpful to judicial factors to emphasise that links exist between the bill and the data protection legislation? For the Law Society, is this not simply a restatement of the law as it stands?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
I do not want to put you on the spot, but do you have any specific examples, or could you come back to the committee with them, so that we could go back to the commission on that or review the matter with other witnesses? I am trying to find a specific circumstance in which the additional power would be helpful.
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
I want to move on and ask a new series of questions. In response to the committee’s call for views, the Faculty of Advocates said that it would be desirable to give the judicial factor the additional
“power to seek direction from the appointing court.”
When the commission gave evidence to the committee, it seemed to suggest that there were already sufficient powers for the court in section 11. Can the faculty elaborate on what its proposed power would add to section 11? Do any of the rest of the panel want to comment on the desirability of an extra power for the court to give directions?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
The commission believes the proposed reform of the law of judicial factors to be an ideal area for the commission’s law reform project and extremely worth while. I have listened carefully to what the panellists have said about their experience. Do you agree that it is a worthwhile area of reform? From your previous experience, what practical difference will the new legislation make to you when you operate as a judicial factor?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Oliver Mundell
Section 12 relates to the information-gathering powers of judicial factors. There is an exception to the requirement to comply for United Kingdom Government ministers and departments, and for bodies exercising reserved functions, such as His Majesty’s Revenue and Customs. A section 104 order might ultimately extend the full scope of the information-gathering powers to UK Government ministers, departments and bodies, but we are not sure whether that will happen yet. If the issue is not addressed via a section 104 order, will that present any problems for you? If so, how significant are those potential problems?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
For example, a factor who is put in place might also be thinking about the organisation’s reputation. It might be that, in strict financial terms, they could get a better return on investment by going with option 1, whereas option 2 might produce a lower short-term return but would be more consistent with the organisation’s values and wider public image. I guess that we were thinking about such a scenario in relation to trusts and succession.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
Part 2 of the bill proposes various powers and duties for a judicial factor. In response to the committee’s call for views, the Faculty of Advocates said that it would be desirable to give the judicial factor the additional
“power to seek directions from the appointing court”,
which could be used, for example, in the event of a dispute or uncertainty about what steps the factor should take. Would the commission like to comment on that as a policy idea?
10:45Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
I think that the Faculty of Advocates was saying in its submission that, after someone is appointed, there could be a dispute about how they are carrying out their functions and that, in those circumstances, it might be helpful for that individual to be able to go back to the court and seek clarification that what they are doing is in order and consistent with the powers that they were appointed to use.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
That is helpful. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Oliver Mundell
Would it be easy to set out in legislation what that meant, or would that be a difficult task?