Holyrood, made browsable

Hansard

Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

129
Current MSPs
415
MSPs ever elected
14
Parties on record
2,095,827
Hansard contributions
1999–2026
Coverage span
Official Report

Search Hansard contributions

Clear
Showing 0 of 2,095,827 contributions in session S6, 11 May 2026 – 10 Jun 2026. Latest 30 days: 2,655. Coverage: 12 May 1999 — 09 Jun 2026.

No contributions match those filters.

← Back to list
Committee

Economy and Fair Work Committee 29 January 2025

29 Jan 2025 · S6 · Economy and Fair Work Committee
Item of business
Subordinate Legislation
Moveable Transactions (Register of Assignations and Register of Statutory Pledges Rules) (Scotland) Regulations 2024 (SSI 2024/381)

Good morning and thank you for inviting me along to give evidence on these four Scottish statutory instruments, which all relate to the Moveable Transactions (Scotland) Act 2023. The act is derived from the Scottish Law Commission’s report on moveable transactions.

The draft Moveable Transactions (Scotland) Act 2023 Amendment Regulations 2025 do a number of things. First, the instrument ensures that the definition of insolvency contained in the 2023 act is appropriate and is in line with the overall policy intention of the legislation. Secondly, it makes necessary minor technical amendments and corrections to the act, for the purpose of giving full effect to the act as intended.

The then Minister for Community Wealth and Public Finance, who led the legislation through its parliamentary stages, signalled at stage 3 that, in light of stage 2 non-Government amendments to the definition of insolvency and subsequent Government amendments at stage 3 to modify the amended definition, there would be benefit in taking time to consult further in order to get that right, and that the powers in the act could be used to make any necessary further amendments. The changes to the definition of insolvency that are before us reflect that consultation.

The other changes are essentially technical and arose from further scrutiny of the 2023 act after it had been passed. Some inconsistencies were identified and the amendments ensure that those are addressed.

The second SSI—the draft Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025—sets the fees that the keeper of the registers of Scotland will charge for use of the register of statutory pledges and the register of assignations, and for the provision of copies of and extracts from those two new registers, which were established under the 2023 act.

Registers of Scotland consulted on those fees last year, when a registration fee of £80 was proposed. That figure was based on the principle of cost recovery and used estimates of registration volumes that were derived from detailed stakeholder engagement over a number of years.

Respondents viewed the proposed fees as being prohibitively high and excessive, to the extent that the registers might not be used, impacting on the intended legal reforms under the act. The consultation prompted further engagement between Registers of Scotland and key stakeholders. More detailed information was obtained regarding the likely use of the two new registers, which allowed the anticipated volumes of applicants to be revised upwards. The result was a lower register of assignations registration fee of £30, as is set out in the order, with a £30 registration fee for an initial, or single, statutory pledge within a statutory pledge document, and a £5 fee for each additional statutory pledge for which a separate registration application is made.

Fees for making corrections to the register of statutory pledges, which include discharging statutory pledges from the register and correcting any mistakes that were introduced into the register by the applicant, are kept low, at £10. It is hoped that those fees will encourage users to maintain entries for statutory pledges over time, ensuring that the register is accurate and preventing it from becoming cluttered.

The fees for plain copies and extracts are in line with those charged by the keeper of the registers of Scotland for the other registers that are under her control, and searches of the two new registers are charged at £3 per search, under the existing Registers of Scotland (Fees) Order 2014.

The third SSI—the Moveable Transactions (Forms) (Scotland) Regulations 2024—provides for the form of a pledge enforcement notice and a correction demand for use in relation to statutory pledges, as created under the 2023 act.

The fourth SSI—the Moveable Transactions (Register of Assignations and Register of Statutory Pledges Rules) (Scotland) Regulations 2024—sets out rules for how the two new registers will operate on a practical level. That includes the making up and keeping of the registers; procedures in relation to registration and correction; and the form of documents and information to be used in connection with the registers. It is of particular note that the regulations set out that both registers will be electronic; they also set out the information that the applicants will be required to provide when making applications for registration.

I am happy to answer any questions about the SSIs.

In the same item of business

The Convener Lab
Our second item is an evidence session on four Scottish statutory instruments arising from the Moveable Transactions (Scotland) Act 2023. Two of those—the dr...
The Minister for Public Finance (Ivan McKee) SNP
Good morning and thank you for inviting me along to give evidence on these four Scottish statutory instruments, which all relate to the Moveable Transactions...
The Convener Lab
Thank you, minister. We go to members’ questions, starting with Murdo Fraser.
Murdo Fraser (Mid Scotland and Fife) (Con) Con
Good morning, minister. I have a mild fascination with this subject, dating back to my days in legal practice. To put that in context, I can remember being i...
Ivan McKee SNP
That is a good question. I will defer to officials, as I have not been through the consultation responses in detail. Does Jill Clark want to pick that up?
Jill Clark (Scottish Government)
We have not published the responses, but we would be happy to do so. It was not a formal consultation. It was quite a short, one-month consultation that was ...
Murdo Fraser Con
It would be of interest to the committee to see whether there are other issues that we could look at in future. I will widen the point slightly. Minister, b...
Ivan McKee SNP
That is a good point. The registers would make that information easily available for anyone who chose to search for it. You are absolutely right that raising...
Jill Clark
Yes. In the few years since the legislation was passed, a lot of legal articles have been published about what is coming. Events and seminars have also been ...
David Robertson (Registers of Scotland)
Yes, that is correct. Full guidance will be available on our website, and a short, targeted marketing campaign is being planned so that people can become awa...
Murdo Fraser Con
I guess that that is my concern. Raising awareness among practitioners is one thing, but not everybody who is purchasing something moveable would necessarily...
Ivan McKee SNP
That is a very good point, and you are right. Engaging with the profession is one thing, but, as you say, in many cases, legal support would not be engaged i...
Murdo Fraser Con
That would be helpful. There are consumer groups, for example, that would help to spread the word.
The Convener Lab
I want to come back to the point about the consultation. This is probably a question for Jill Clark. You will publish the consultation responses, which will ...
Jill Clark
Yes—as I said, there were differing views as to how wide or narrow the definition should be, but there was no consensus on that, so that is why there is only...
The Convener Lab
Okay—thank you for that. I bring in Daniel Johnson.
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I have some questions about the Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025. I thank Murdo Fraser, because the flock of...
Ivan McKee SNP
In general, Registers of Scotland brings in enough revenue through its various activities to cover its costs, which, from a public finance point of view, is ...
Daniel Johnson Lab
Is a review and assessment of the fee structure programmed in once the new measures are up and running?
Ivan McKee SNP
The keeper will be watching that as part of her on-going business and engagement with ministers. The same would apply to the whole range of fees that ROS cha...
David Robertson
That is correct. We review fees anyway, but we will be keeping a particular eye on the two new registers in the first couple of years following their introdu...
Daniel Johnson Lab
In your statement, you referred to the cost for searches. That is an important element of the whole system: that people can quickly look at what registration...
Ivan McKee SNP
Has that not come forward?
David Robertson
To be honest, I do not have an answer to that.
Jill Clark
I can answer that. That was linked to individuals being able to take advantage of the Moveable Transactions (Scotland) Bill, but they were removed at stage 2...
Daniel Johnson Lab
I was not asking about individuals.
Jill Clark
The reason why money advice bodies might have had free access to the registers was to check on behalf of individuals. It would have meant that if they were s...
Daniel Johnson Lab
Sorry, can I clarify whether you are saying that not-for-profit money advice organisations will be able to search the register.
Jill Clark
They will be able to search the register.
Daniel Johnson Lab
For free?