The Scottish Government has prepared a Delegated Powers Memorandum ("DPM") which sets out the reasoning for taking the delegated powers in the Bill and the parliamentary scrutiny procedure that has been chosen.
At its meeting on 8 March 2022, the Committee considered the delegated powers in the Bill and agreed that it was content with the following powers:
Section 8(3)(d) – intimation of the assignation of a claim
Section 26(7) – seriously misleading inaccuracies in the assignations record
Section 30(1) - power to make provision about applications for corrections
Section 37(1) – Rules
Section 44(3) – Competence of creating a statutory pledge over certain kinds of property
Section 47(4) – Creation of a statutory pledge: insolvency
Section 48(5) – Providers who are individuals
Section 49(4) – Property encumbered by statutory pledge: transfer by provider
Section 52(3) – Acquisition in good faith for personal, domestic or household purposes
Section 63(1) – Pledge enforcement notice - Power to prescribe pledge enforcement notice form
Section 72(9) – Appropriation with prior agreement – Power to (1) modify section 72 to specify further persons to be served a notice and exceptions to this requirement and (2) require a notice to be in a prescribed form
Section 73(7) – Appropriation without prior agreement – Power to (1) modify section 73 to specify further persons to be served a notice and exceptions to this requirement and (2) require a notice to be in a prescribed form
Section 92(8) – Seriously misleading inaccuracies in the statutory pledges record – Power to modify section 92 to make further provision regarding seriously misleading entries
Section 96(4)(a) – Demand that application for correction be made under section 94 – Power to prescribe a form
Section 109(1) – Power to make rules providing for the operation of the Register of Statutory Pledges
Section 115(1) – Power to make ancillary provision
Section 116(3) – Interpretation of Act - Power to modify definitions
The Committee, however, agreed to write to the Scottish Government to raise questions in relation to the following delegated powers:
Section 3(8) – Transfer of claims
Section 4(7) – Assignation of claims: insolvency
Section 34(8) – Assignee’s duty to respond to request for information
Section 53(8) – Acquisition in good faith of motor vehicles
Section 63(4) – Pledge enforcement notice - Power to modify section 63 to specify further persons to be served a pledge enforcement notice and set out exceptions to this requirement
Section 65(8) – Secured creditor’s right to take possession of, or steps in relation to, corporeal property - Power to specify additional authorised persons
Section 75(10) – Application of proceeds from enforcement of pledge – Power to modify section 75 so as to specify further persons to whom must be issued a written statement
Section 93(1) – Power of Scottish Ministers as regards duration of statutory pledge
Section 105(8) – Secured creditor’s duty to respond to request for information – Power to modify section 105 so as to specify further persons who are entitled persons for the purposes of section 105
The Committee considered the Scottish Government’s response at its meeting on 25 October 2022.