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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 4 May 2021
  6. Current session: 13 May 2021 to 29 November 2025
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Displaying 1215 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

The rules will be set out through regulations. I am interested to see what views the committee comes to in its stage 1 report. There will be consultation and engagement on the rules. It is clear that there is a lot of detail still to come on the operation of the registers, but we want the system to be as user friendly as possible and to command confidence at the same time as being robust. Hamish Goodall might want to add something on that.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

I am conscious of the concerns that have been raised by consumer advice and money advice stakeholders. I have studied carefully the evidence that was given to the committee at the start of October, and, as I said, I had a meeting with organisations that work in that area last week. I want to reflect carefully on those concerns, and I recognise that the committee will want to touch on other areas around the statutory pledge.

I also want to be clear at the outset that I will consider very carefully the committee’s stage 1 report, because I recognise that you have had to contend with evidence that, in some contexts, may be conflicting or may come from different perspectives. That includes some of the written evidence that you have received in recent days. I will want to fully reflect on that matter.

With regard to assignation in the context of consumer credit, Hamish may have up-to-date information.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

I will not be in a position to provide early sight of the regulations. We must recognise that it is a live bill and it will be for Parliament to determine its final shape, should Parliament be content to pass it. However, we will, of course, consult on the rule making for both of the registers and, given that it would be an exercise of delegated powers, I am happy to keep the committee informed as the consultation and engagement process develops.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

That speaks to the point about the principal actors who are going to utilise the bill and what their interests will be. Hamish Goodall expanded on the issue in some detail. Fundamentally, it will be in their interests for the approach to be self-regulating. However, as I have said, we have adopted a proportionate approach in which there is the flexibility to intervene if that is required at a later date.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

Yes. That is what I alluded to in my response to Mr Kidd. I recognise that that point has been raised in evidence to the committee. I come back to the point that the option would have to be considered in terms of affordability and cost, but, as I have said, I am happy to consider it and am keen to see the conclusions that the committee draws.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

I would be happy to reflect on that. As you highlighted in your question, there are two approaches: either we develop an automatic mechanism or we have periodic uprating that would be effected by statutory instrument. However, with regard to an automatic instrument there would be a wider range of considerations on matters such as its design and its reference to other statistics—for example, the RPI, which you mentioned. I would be happy to consider the matter in general and to come back to the committee on it in my response to its stage 1 report.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

I am giving active consideration to that, at the moment. I cannot yet offer you a model of what such a balance would look like—it is the subject of live discussion. I take your point about early start-ups, sole traders and microbusinesses, where the lines between individual use and business use of property can be vague and hard to define. From reflection on my own professional background in music before I entered politics—I am sure that the convener will empathise with this example—it is clear to me that a musical instrument can be for both personal and professional use. I am not saying that that is the best example. However, it is an area for consideration, particularly in respect of people who are establishing themselves in business. Reference was made to a vehicle that could be for both personal and business use. It can be hard to distinguish between the two.

I recognise the points that have been made by the FSB. We would not want there to be an unintended consequence whereby, in seeking to afford consumers greater protection, we disapplied the bill’s provisions to businesses—especially start-ups with a high concentration of moveables that they cannot use as collateral. We want to avoid that. That needs to be given careful consideration, so we are actively doing that.

Hamish Goodall might want to add to that, or Vuyi Stutley might want to come in with her reflections on those points.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

I am happy to look at the evidence that you received. The bill that we introduced reflects the recommendations of the SLC.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

Absolutely: I would be happy to do that.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Tom Arthur

I would be happy to do so. I also make the point that the legal protections apply to the bill as drafted. I would be happy to discuss potential amendments and ways in which the bill could be changed. I am happy to keep the committee informed of any decisions that the Government makes ahead of stage 2 and about how any changes would relate to the broader protections that are available.