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Chamber and committees

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 5 May 2021
  6. Current session: 12 May 2021 to 13 May 2025
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Displaying 2097 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 November 2022

Stuart McMillan

Under item 4, we are considering two instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 1 November 2022

Stuart McMillan

Welcome to the 27th meeting in 2022 of the Delegated Powers and Law Reform Committee. I ask everyone present to switch their mobile phones to silent.

Agenda item 1 is a decision on whether to take items 5, 6 and 7 in private. Is the committee content to do so?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Thank you, minister. I will open with some initial questions.

Can you provide any up-to-date figures on the likely impact of the bill on businesses in Scotland?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Thank you. What evidence has the Scottish Government received from lenders that they are planning to offer a broader or cheaper range of products to businesses in Scotland?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Another aspect is the waiver of defence clauses, which would appear to work against the interests of debtors in an assignation. Why has the Scottish Government chosen to formulate the proposed law in that way? Why have protections for individual debtors not been included, as they have elsewhere in the bill?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

That would be helpful, thank you. Clearly, there is still some time before stages 2 and 3. Evidence that we have received has suggested that, whether or not the aspect is addressed in the bill, a section 104 order could be made as the bill passes so that there is a full suite of measures to complement the bill rather than a gap.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 1 November 2022

Stuart McMillan

Under item 3, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Under the information provisions in the bill, a debtor in an assignation would have no direct right to find out whether the obligation to which they are subject has been transferred. They could also be charged for that information by the assignee. Will the Scottish Government commit to addressing that?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

On the question about register searches, Alan McIntosh recommended in his evidence that money advice operations be given free access to registers. Obviously, that recommendation deals with consumers, which we will go into in a moment. Would you consider that option?