Information

Trusts and Succession (Scotland) Bill: equality impact assessment

Details of the equality impact assessment (EQIA) carried out in relation to the Trusts and Succession (Scotland) Bill.


Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Age

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination, harassment and victimisation

X

By reforming Scots law, bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. It does not directly or indirectly address discrimination, harassment or victimisation.

Advancing equality of opportunity

X

The policy intention of the Bill does not make any direct or indirect impact on advancing equality of opportunity.

Promoting good relations among and between different age groups

X

The policy intention of the Bill does not directly or indirectly promote good relations within different age groups, however, trusts are widely used to hold property for children, as beneficiaries. 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.

Do you think that the policy impacts disabled people?

Disability

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination, harassment and victimisation

X

By reforming Scots law, bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. It does not directly or indirectly address discrimination, harassment or victimisation of disabled people.

Advancing equality of opportunity

X

The policy intention of the Bill does not make any direct or indirect impact on advancing equality of opportunity for disabled people however, trusts are widely used to hold property for adults with disabilities, as beneficiaries. The Bill will clarify and in certain instances strengthen the rights of such beneficiaries, for example, by setting out duties on trustees to provide information to beneficiaries .

Promoting good relations among and between disabled and non-disabled people

X

The policy intention of the Bill does not directly or indirectly promote good relations between disabled and non-disabled people.

Do you think that the policy impacts on men and women in different ways?

Sex

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

X

By reforming Scots law, bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. It does not directly or indirectly address this form of discrimination.

Advancing equality of opportunity

X

The policy intention of the Bill does not make any direct or indirect impact on advancing equality of opportunity.

Promoting good relations between men and women

X

The policy intention of the Bill does not directly or indirectly address relations between men and women.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and

Maternity

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

X

By reforming Scots law, bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. It does not directly or indirectly address discrimination against women because of pregnancy and maternity.

Advancing equality of opportunity

X

The policy intention of the Bill does not directly or indirectly address equality of opportunity in terms of pregnancy and maternity.

Promoting good relations

X

There is no evidence that the Bill would directly or indirectly promote good relations.

Do you think your policy impacts on transsexual people?

Gender reassignment

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

X

By reforming Scots law, bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. It does not directly or indirectly address discrimination against transsexual people.

Advancing equality of opportunity

X

The policy intention of the Bill does not directly or indirectly address equality of opportunity for transsexual individuals.

Promoting good relations

X

The Bill does not make any direct or indirect impact in promoting good relations.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual orientation

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

X

By reforming Scots law, bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. It does not directly or indirectly address discrimination on grounds of sexual orientation.

Advancing equality of opportunity

X

The policy intention of the Bill does not directly or indirectly advance equality of opportunity in terms of sexual orientation.

Promoting good relations

X

The policy intention of the Bill does not directly or indirectly impact on sexual orientation. It does not directly or indirectly promote good relations.

Do you think the policy impacts on people on the grounds of their race?

Race

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

X

By reforming Scots law, bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. It does not make any direct or indirect impact on this protected characteristic.

Advancing equality of opportunity

X

The policy intention of the Bill does not directly or indirectly advance equality of opportunity in terms of race.

Promoting good race relations

X

The policy intention of the Bill does not promote good race relations.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

X

By bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. There is no indirect impact of this protected characteristic.

Advancing equality of opportunity

X

The policy intention of the Bill does not directly or indirectly address equality of opportunity in relation to religion or belief.

Promoting good relations

X

By bringing together existing trusts legislation into a single statute and updating it into modern statutory language, the policy aim is to ensure that the Scots law of trusts is clear and coherent and able to respond appropriately to modern conditions and commercial requirements. There is no indirect impact on this protected characteristic.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and

Civil Partnership[6]

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

X

The policy intention of the Bill does not make any direct or indirect impact on marriage or civil partnership.

Contact

Email: michael.paparakis@gov.scot

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