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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 13 September 2025
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Displaying 1320 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Yes.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

That is at the moment, as the bill stands—

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

I appreciate that sheriff officers cannot come along and take everything, as they used to when we had warrant sales, but could they still remove that television?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Perhaps you could come back to us in writing if there are technical issues that you would like us to consider.

My final question is about those things being included in your draft bill but not in the Scottish Government’s bill. This might be an unfair question to ask you, but I will ask it anyway. Do you agree with the Scottish Government that it is incompetent for it to include those in the bill? If they were to be put back in, would that be competent?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

I have just been reading my notes. I have another quick question, which is completely unrelated to my previous one and picks up from something that my colleague Mr Mundell said in relation to looking at the register and how often you can do that. My understanding is that—correct me if I am wrong—the opportunity for people to search the register would be limited.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

That clarifies that point that I was asking about.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Good morning. I will pick up on a comment that you made, Professor Steven, about floating charges, which are not addressed in the bill. As you said, this type of law reform happens once in probably four generations. Was any thought given to opening up floating charges to individuals and partnerships? If not, why was it decided not to go down that route?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

It is helpful that we have that.

The bill would reform the rules on delivery for possessory pledges. What practical impact will that have? Will there be continuing demand for possessory pledges, beyond that of pawnbrokers?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Thank you for clarifying that.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Just before we come to an end, I would like to ask something. We have discussed the highlights of the bill, on which there have perhaps been most responses both in your initial consultation and in the one carried out by the committee. Are there other areas—perhaps small ones—in which the bill needs to be amended or which need to be considered to make the bill even better than it is at the moment? Rather than list them all now, you might want to write to us after you have come away from the meeting. The next stage in the Parliament’s bill process will involve the lodging of amendments. From your perspective, are there any areas—however small they might be—that require examination?