Introduction

The Trusts and Succession (Scotland) Bill ("the Bill") was introduced in the Scottish Parliament on 22 November 2022 by Keith Brown MSP, the former Cabinet Secretary for Justice and Veterans.

The Bill is based on two large-scale law reform projects by the Scottish Law Commission ("the SLC"), one on trust law, and one on succession law.

The Bill was determined as a 'Scottish Law Commission Bill' under Rule 9.17A of the Scottish Parliament's Standing Orders. The Delegated Powers and Law Reform Committee was subsequently designated as lead committee for Stage 1 consideration of the Bill.

In addition to carrying out the role of lead committee, under Rule 9.6.2 of Standing Orders the Committee is required to consider and report upon any provisions in the Bill that confer power to make subordinate legislation. The Committee considered the delegated powers in the Bill at its meeting on 17 January 2023; the Committee's report is covered later in the report.

The Finance and Public Administration Committee considered the Financial Memorandum to the Bill. Following a call for views, it received one response and passed the submission to the Delegated Powers and Law Reform Committee to take into account in its evidence sessions and also in its Stage 1 report.

As with all primary legislation, the Scottish Parliament Information Centre has published a full briefing on the Bill.

The Committee issued a wide call for views and received 28 responses.

The Committee held oral evidence sessions on 2, 9, 16, and 23 of May, and on 6 June. It heard from the Scottish Law Commission, legal academics, legal practitioners, users of trusts and the Minister for Victims and Community Safety, Siobhian Brown MSP. Full details of the Committee's meetings, and those who gave oral evidence, are listed at Annexes B and C.

The Committee is grateful to all those who helped inform its consideration of the Bill.