Seòmar agus comataidhean

I have suggested in the past that some type of protocol could be put in place between the Scottish and UK Governments to assist with section 104 orders. Under the Moveable Transactions (Scotland) Act 2023, we now have up-to-date legislation, apart from one section, in respect of which practitioners are still using the old legislation on that area. The feedback from practitioners whom I have spoken to is that they speak highly of the 2023 act and are using it daily, which shows that the SLC’s work benefits the legal process in Scotland.

Have you had any dialogue with the UK Government on formulating a mechanism or process so that the time to obtain a section 104 order is a lot shorter than it is under the long drawn-out process that we have? Ultimately, this is about making better law that practitioners can utilise to the country’s benefit.

Thank you for that, minister. I call Jeremy Balfour.

As members have no more questions, I thank the minister and his colleagues for coming to the committee this morning. The committee will have a further discussion later on, and if we have any more points to raise, we might write to you.

With that, I suspend the meeting to allow the minister and his team to leave.

Minister, you will be aware that I have, in the past, raised the issue of section 104 orders. I raised it at a Conveners Group meeting and with the First Minister. We are well aware of the situation regarding the Moveable Transactions (Scotland) Bill and the Trusts and Succession (Scotland) Bill, which has its stage 1 debate on Thursday. Will you set out to the committee the current processes between the Scottish and UK Governments for obtaining and implementing a section 104 order?

Is that the instrument that Mr Walker was talking about earlier?

Welcome to the 26th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 6 to 9 in private.??Is the committee content to take those items in private?

Members indicated agreement.

Under agenda item 2, we will take evidence from the Minister for Parliamentary Business, George Adam MSP. This is one of our regular sessions with the minister on the work of the Scottish Government that is relevant to the committee. The minister is accompanied by three Scottish Government officials: Steven MacGregor, head of the Parliament and legislation unit; Rachel Rayner, deputy legislation co-ordinator in the legal directorate; and Greig Walker, retained EU law act management lead.

I welcome you all to the meeting and remind you not to worry about turning on your microphones, because that will be done by broadcasting.

I invite?the minister to make some opening remarks.

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

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 4, we are considering three instruments, on which ??no points have been raised.