asked the Financial Secretary to the Treasury whether he is aware that the Public Trustee only acts for a domiciled Englishman, and although he will act for an Englishman whose property is in Scotland he will not act for a Scotsman whose property is in England; and whether he will take steps to secure the same facilities for Scotsmen as Englishmen?
I have been asked to answer this question. The Public Trustee Act, 1906, only applies to trusts which by reason of the circumstances of their creation, their objects, and the intention of the person creating the trusts are stamped with an English character, and would be enforceable or controlled primarily by the English Courts. Section 17 (2) of the Act precludes the extension of its provisions to Scotland, and having regard to the differences in practice and in law between England and Scotland it would not be practicable to introduce legislation to amend the Act in the manner suggested in the question. It should, however, often be practicable under the present law for a Scotsman who desires the services of the Public Trustee with regard to property in England to secure his object through an instrument operating under English law.