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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 1 November 2025
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Displaying 1353 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

The Parliament is looking at the bill and will come to a view on its different aspects. Are there improvements that could be made to the registers and how they will work? Is there clarity, or will it be a case of everyone going away thinking that they have got what they want and it will only be in practice that we find out who the winners and losers are? Do we need more clarity now on how the provisions will work in practice?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

I do not want to open a can of worms but, as we heard last week from the Scottish Law Commission, such legislation comes around once in a generation—however we want to define “generation”. Is there anything that could have been in the bill but is not in it that it would be worth considering? A yes or no will do. Floating charges were mentioned. Would that be an area for partnerships to consider? Would it be worth considering that, or are we better to leave the bill as it is?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

Good morning. I absolutely understand that your position is that consumers should be taken out. That is very clear. However, in case the Parliament does not go with you on that, for our scrutiny, I have a couple of follow-up questions about what should happen if consumers are left in, particularly around the register. Do you have concerns as money advisers about who can access the register? Is there enough information in the register for you to help your clients?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

I think that it is not at the moment—is there a £20 charge?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

That is the point. People are there to be employed, but if there is not to be a fee, it would not be done by anyone else—it would be a Government agency that would be funded by the Government.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

Convener, is it okay if I turn to one other issue that might affect Dr Hardman in particular?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

I will push you on that. Is the measure within the Parliament’s legislative competence?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

If you could do that, it would be helpful. Thank you.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

Dr Hardman and Dr Patrick, what would be your response to Parliament taking that course of action for the long term—if we did not remove individual sole traders from the bill, but took out consumers?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

That is helpful. Obviously, people might register something and then discharge the debt, but forget to go back and take it off. That would be a due diligence exercise that would have to be carried out.