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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 5 May 2021
  6. Current session: 12 May 2021 to 5 July 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: 27 September 2022

Jeremy Balfour

I wanted to push a little on that, Professor Steven. At the moment, we are looking at the bill as it is, although there may be amendments.

You can correct me if I am wrong, but my understanding is that, at the moment, if I buy a television for £1,000, assign it to someone else in the appropriate way so that it is registered to a third party, and then stop paying for my television, someone can come along after due process in court and take my television away.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Yes.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

That is at the moment, as the bill stands—

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

I appreciate that sheriff officers cannot come along and take everything, as they used to when we had warrant sales, but could they still remove that television?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Perhaps you could come back to us in writing if there are technical issues that you would like us to consider.

My final question is about those things being included in your draft bill but not in the Scottish Government’s bill. This might be an unfair question to ask you, but I will ask it anyway. Do you agree with the Scottish Government that it is incompetent for it to include those in the bill? If they were to be put back in, would that be competent?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

I have just been reading my notes. I have another quick question, which is completely unrelated to my previous one and picks up from something that my colleague Mr Mundell said in relation to looking at the register and how often you can do that. My understanding is that—correct me if I am wrong—the opportunity for people to search the register would be limited.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

That clarifies that point that I was asking about.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Good morning. I will pick up on a comment that you made, Professor Steven, about floating charges, which are not addressed in the bill. As you said, this type of law reform happens once in probably four generations. Was any thought given to opening up floating charges to individuals and partnerships? If not, why was it decided not to go down that route?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

It is helpful that we have that.

The bill would reform the rules on delivery for possessory pledges. What practical impact will that have? Will there be continuing demand for possessory pledges, beyond that of pawnbrokers?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Jeremy Balfour

Thank you for clarifying that.