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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 18 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

I genuinely welcome the comments that have just been reiterated to the committee, but has the Government received any up-to-date recommendations, suggestions or advice from the financial sector? I note that those comments that were made to the SLC were made in the past.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Stakeholders from the consumer and money advice sector have raised concerns about the impact of the assignation reforms on consumer credit debts. From your consultations with lenders and other potential users of the register of assignations, can you tell us to what extent you expect the register to be used for the assignation of consumer credit debts?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

That is no problem.

Jeremy Balfour has questions.

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?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

That would be helpful. Jeremy Balfour also asked about the possible section 104 order. If there is any update or correspondence about that from the UK Government, it would be helpful if you could inform the committee.

I thank the minister and his officials for their evidence. The committee might follow up by letter with additional questions.

11:04 Meeting suspended.  

11:08 On resuming—  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 November 2022

Stuart McMillan

The instrument makes savings provisions in connection with the amendments that will be made by the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 to the Scottish Child Payment Regulations 2020.

The savings provisions will ensure that the higher weekly rate of the Scottish child payment of £25 applies only to periods of entitlement that fall on or after 14 November 2022, and that an individual’s entitlement to a double payment where a child dies does not apply where the child in question dies before 14 November 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that, following an issue having been identified, it was necessary to breach the 28-day rule so that the savings provisions will come into force at the same time as the substantive provisions. That will ensure that the policy intent is delivered, and it will prevent there being a gap between the substantive changes to the law and the coming into force of savings provisions on a later date.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments that are subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement, as it was laid on 26 October 2022 and will come into force on 14 November 2022.?

Does the committee wish to draw the instrument to the attention of Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, does the committee wish to note that the instrument makes necessary savings provisions in order to give full effect to the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 November 2022

Stuart McMillan

Also under this item, no points have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 November 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

11:11 Meeting continued in private until 12:23.  

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

I have a quick question on the issue. I assume therefore that there has been no indication at all that if that matter was covered in the bill and then proceeded through Parliament there would a challenge from the UK Government or anyone in the legal fraternity?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Do members have any other questions for the minister or his team?

Minister—I thank you and your colleagues for appearing today. I have one request. We will produce our stage 1 report and the Scottish Government will reply to it. You have touched a couple of times on the existing legal protections. Following today’s discussion, it would be useful if the reply to the stage 1 report could highlight where you feel the legal protections exist and where there might be gaps where protections do not exist.