A digital asset is any item that exists in digital format and can be identified, stored, and traded electronically. An example of a digital asset is cryptocurrency.
The Bill makes it clear that digital assets should be seen as a type of property in law.
This is a Government bill
The Bill was introduced on 30 September 2025 and is at Stage 2
This Bill is at Stage 2 of the process to decide if it should become an Act.
The Bill:
The Scottish Government’s Programme for Government has a commitment to ‘clarify the status of digital assets as property in Scots private law, to provide greater legal certainty for individuals and for businesses including those investing in digital assets, for technology and financial start-ups, as well as for the legal sector’.
Since digital assets are a new thing, the Scottish courts haven’t yet been able to think about their legal status. This means that there is no body of case law to help provide the answers needed about digital assets as objects of property for individuals, businesses and legal practitioners.
The Scottish Government is concerned that this lack of legal certainty may discourage tech developers and digital asset owners from choosing Scots law to govern their dealings with digital assets. Those whose dealings with digital assets are governed by Scots law may also be at risk of finding that they are operating in an area of legal uncertainty.
The Digital Assets in Scots Private Law: Expert Reference Group looked at these issues and made recommendations. These recommendations led to the Scottish Government introducing this Bill to the Parliament.
Digital Assets (Scotland) Bill as introduced (277KB, pdf) posted 30 September 2025
Explanatory Notes (244KB, pdf) posted 01 October 2025
Policy Memorandum (238KB, pdf) posted 01 October 2025
Financial Memorandum (138KB, pdf) posted 01 October 2025
Delegated Powers Memorandum (130KB, pdf) posted 01 October 2025
Statements on legislative competence (110KB, pdf) posted 01 October 2025
Explanatory Notes (303KB, pdf) posted 30 September 2025
Policy Memorandum (272KB, pdf) posted 30 September 2025
Financial Memorandum (200KB, pdf) posted 30 September 2025
Delegated Powers Memorandum (214KB, pdf) posted 30 September 2025
Statements on legislative competence (161KB, pdf) posted 30 September 2025
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Digital Assets (Scotland) Bill
The Bill was introduced on 30 September 2025
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 17 December 2025, Parliament agreed motion S6M-20200, that consideration of the Digital Assets (Scotland) Bill at Stage 1 be completed by 23 January 2026.
The lead committee for this Bill is the Economy and Fair Work Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Economy and Fair Work Committee ran a call for views to help inform its examination of the Bill.
The questions included:
Read the responses on Citizen Space
The call for views closed on Wednesday 12 November 2025.
Additional written evidence from Dr Hamish Patrick (110KB, pdf) posted 22 December 2025
Additional written evidence from Greg McLardie (220KB, pdf) posted 17 December 2025
Additional written evidence from the Rt. Hon. Lord Hodge (166KB, pdf) posted 19 December 2025
Additional written evidence from Professor Burcu Yüksel Ripley and Dr Alisdair MacPherson (118KB, pdf) posted 22 December 2025
Additional written evidence from Professor Burcu Yüksel Ripley, Dr Alisdair MacPherson and Professor McKenzie Skene (90KB, pdf) posted 22 December 2025
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Letter from the Minister for Business and Employment to the Convener, 30 January 2026
Letter from the Minister for Business and Employment to the Convener, 21 January 2026
Letter from the Minister for Parliamentary Business to the Convener, 29 October 2025
Letter from the Minister for Business, 4 June 2025
Letter from the Minister for Business, 27 November 2024
See a full list of Stage 1 correspondence for this committee
The Economy and Fair Work Committee published its report on 15 January 2026.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 30 October 2025.
A Stage 1 debate took place on 22 January 2026 to consider and decide on the general principles of the Bill.
Read the minutes of proceedings (202KB, pdf) posted 22 January 2026
See further details of the motion
The Bill ended Stage 1 on 22 January 2026
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.
The deadline for MSPs to submit amendments is 12 noon on Thursday 12 February.
Documents with the amendments to be considered and debated at the meeting to be held on 18 February 2026.
Marshalled List of Amendments for Stage 2 will be published before the meeting.
Groupings of Amendments for Stage 2 will be published before the meeting.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.