http://www.legislation.gov.uk/ssi/2024/164/regulation/1/made

The Trusts and Succession (Scotland) Act 2024 (Commencement No. 1) Regulations 2024

en

King's Printer for Scotland

2024-07-03

TRUSTS

SUCCESSION

These Regulations bring provisions of the Trusts and Succession (Scotland) Act 2024 (“theAct”) into force on 26 June 2024:Section 7, under which an unfit trustee may be removed by the court, for the purposes of section8. Section 8 (removal of an executor nominate, trustee of a trust established under a testamentary writing, or executor dative including where prosecuted for, or convicted of, murder or culpable homicide of the testator or the deceased) is also brought into force, as is section80. Section 80 inserts provision into the Confirmation of Executors (Scotland) Act 1858 so where a person is prosecuted for, or convicted of, murder or culpable homicide of the deceased, a sheriff must refuse a petition to appoint that person executor dative.Parts of section 9 concerning removal from office by a majority of co-trustees of a trustee who is no longer a member of a regulated profession or entitled to practice, and who was appointed or assumed to provide professional services in managing the trust. Sections 13 and 14 by which decisions on the removal of a professional trustee by co-trustees are to be governed are also brought into force for these purposes, together with the repeal of section3(c) of the Trusts (Scotland) Act 1921 insofar as it relates to those decisions.The regulation-making powers in sections 21(4) to specify further descriptions of charity for the purposes of section 21 (charitable trusts: use of property), 23(12) to specify particular circumstances which may constitute a “good cause” for the purpose of section23(8) (appointment of nominees), and 82 to confer or remove from the Court of Session or the appropriate sheriff court, power to decide particular types of cases.The definitions in sections 81 (interpretation) and 83 (meaning of incapable and related expressions).