Trusts and Succession (Scotland) Bill: equality impact assessment

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

Have positive or negative impacts been identified for any of the equality groups?

The Bill will clarify and in certain instances strengthen the rights of child beneficiaries, for example, by placing a duty on the Court of Session to have regard to the views of 16 and 17 years olds in deciding whether or not to approve a trust variation or termination on their behalf and by setting out how the views of persons under 16 must be taken into account.

It will also clarify, and in certain instances, strengthen, the rights of disabled beneficiaries, for example, by setting out duties on trustees to provide information to beneficiaries.

Is the policy directly or indirectly discriminatory under the Equality Act 2010?

No

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

Not applicable

If not justified, what mitigating action will be undertaken?

Not applicable

Describing how Equality Impact analysis has shaped the policy making process

The EQIA process has confirmed that the proposed Bill has no impact on any of the protected characteristics.

Given that some positive and no negative impacts have been identified, no direct changes have been made to the policy as a result of this EQIA.

There are no direct implications for finance as a result of this EQIA.

Monitoring and Review

If the Bill is passed by Parliament, the Scottish Government will monitor its impact in practice.