Chamber and committees

Under the information provisions in the bill, a debtor in an assignation would have no direct right to find out whether the obligation to which they are subject has been transferred. They could also be charged for that information by the assignee. Will the Scottish Government commit to addressing that?

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?

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.

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.

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

Is the committee content with the instrument?

Members indicated agreement.

Item 2 is our final evidence session on the Moveable Transactions (Scotland) Bill. Today, we are taking evidence from Tom Arthur, the Minister for Public Finance, Planning and Community Wealth, who is accompanied by three Scottish Government officials: Hamish Goodall, who is the bill team leader, and Rob McConnell and Vuyi Stutley, who are solicitors in the Government’s commercial and competition law branch. I welcome you all to the committee.

I remind all attendees not to worry about turning on the microphones during the session, as they are controlled by broadcasting.

I invite? the minister to make some opening remarks.

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.

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?

That is no problem.

Jeremy Balfour has questions.