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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 12 August 2025
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Displaying 1311 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 25 October 2022

Jeremy Balfour

Mirka Skrzypczak, among the partnerships and individuals you deal with, is there any appetite for allowing floating charges to be granted by them?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 25 October 2022

Jeremy Balfour

I want to come back to a point that Jennifer Henderson made, just to clarify what powers you have. When the land register was rolled out initially, there were arguments about whether the right piece of land was being registered, who owned what and where the boundaries were. With the registers under the bill, if somebody said that they did not take a security over something or that there had been fraudulent behaviour, would you have powers to investigate that or would you refer it to another body?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 25 October 2022

Jeremy Balfour

I want to move on to another area. Perhaps one or both of the witnesses will want to take this question. At the moment, the bill does not deal with shares and other assets such as that, because of the Government’s view that it does not have the legal competence to grant that. Do you have a view? Should the bill be extended to cover shares?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 25 October 2022

Jeremy Balfour

It is several decades since I practised law, but, when I was practising, we discharged a standard security, or put the document forward to do so, only when we were selling a property. Often, a mortgage would be paid off but it would only be years later that the discharge would be done.

On Jon Hodge’s final point, my fear is that we end up with a register that is so large that it is almost impossible to find anything. Is that a danger?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

I will put that question to Dr Hardman, as well. Do you think that there will be sufficient information to identify individual claims or pledges?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

I want to ask about what is not in the bill before we examine other issues. The Law Commission drafted the original bill to include stocks and shares, but the Scottish Government came to the view that that is outwith the legislative competence of this Parliament and it is therefore working with the UK Government to see whether it can take that measure through by different means.

From the Law Society’s perspective, and perhaps from a practitioner’s perspective, do we have the legislative competence to cover that in the bill? If so, would you rather have the measure included in the bill or have it taken forward through an appropriate back-door method?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

I want to take us back to the role of recording and the registers in general. I think that you dealt with some of that in response to the opening questions, but I would like to hear a wee bit more about that. Some respondents to the committee’s call for evidence have stated that the registers could never be comprehensive. Could you explain in layman’s language what the limitations might be?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

Good morning to you all. I will follow up on that point, Mr Dailly. If we accept your argument, how would you see that provision being taken out? Would you simply take all individuals out of the bill? Would you go down the other route of saying one cannot go against any household goods and define that in the bill, as well as other areas? As a third option, would you go for higher amounts? We have a £1,000 threshold; would you raise that to, say, £5,000, £6,000 or £7,000? I am wondering which of those three options you would choose—or have you come up with a fourth option—if we accept your argument?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

The Parliament is looking at the bill and will come to a view on its different aspects. Are there improvements that could be made to the registers and how they will work? Is there clarity, or will it be a case of everyone going away thinking that they have got what they want and it will only be in practice that we find out who the winners and losers are? Do we need more clarity now on how the provisions will work in practice?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Jeremy Balfour

I do not want to open a can of worms but, as we heard last week from the Scottish Law Commission, such legislation comes around once in a generation—however we want to define “generation”. Is there anything that could have been in the bill but is not in it that it would be worth considering? A yes or no will do. Floating charges were mentioned. Would that be an area for partnerships to consider? Would it be worth considering that, or are we better to leave the bill as it is?